(1) In reaching its decision, the department
shall use:
(a) the information contained in the data base and
inventory system provided for in ARM 17.24.1148;
(b) information provided by other governmental
agencies;
(c) the detailed statement prepared under
82-4-228(3), MCA; and
(d) any other relevant information submitted
during the comment period.
(2) A final written decision must be issued by the
department including a statement of reasons, within 60 days of completion of
the public hearing, or, if no public hearing is held, then within 12 months
after receipt of the complete
petition. The department shall simultaneously send the
decision by certified mail to the petitioner, every other party to the
proceeding, and to the federal coal regulatory agency.