20.7.816    EXPANSION OR MODIFICATION

(1) The department may not expand the capacity or modify the purpose of the program set forth in these rules unless it documents public support of a majority of public officials, a majority of residents of the community of Glendive, and a majority of the Hillcrest and Georgetown subdivisions.

(2) To document public support, the department shall conduct a survey of an unbiased representative sampling of the Glendive community and the Hillcrest and Georgetown subdivisions and a survey of the following public officials:

(a) members of the city and county governing bodies;

(b) the city and county attorney;

(c) the chief public defender, if there is one;

(d) the mayor;

(e) the local district court judge;

(f) state legislators for the area;

(g) the sheriff; and

(h) the chief of police.

(3) If the department documents public support for a proposed expansion or change in the purpose of the program as set forth in (2) , the department shall then conduct a public hearing in Glendive, Montana, in accordance with the Montana Administrative Procedure Act, 2-4-302 , MCA. In addition to the notice requirements set forth therein, the department shall publish notice of the hearing in a newspaper of general circulation within the city of Glendive and Dawson County reasonably in advance of the hearing.

History: 53-1-203, MCA; IMP, 2-4-302, 53-1-210 and 61-8-731, MCA; NEW, 2004 MAR p. 3019, Eff. 12/17/04.