36.2.702    GUIDELINES FOR DEPARTMENT PROGRAMS

(1) A continuing departmental program for public participation shall contain mechanisms of activity for each of the elements listed in this sub-chapter. The exact mechanisms of activity may vary in relation to RESOURCES available, public response, the nature of issues involved.

(2) Each division of the department shall provide continuing policy, program, and technical information at the earliest practical times and at places easily accessible to interested or affected persons and organizations so that they can make informed and constructive contributions to department decision making. News releases and other publications may be used for this purpose as well as informational discussions and meetings with interested citizens' groups. Efforts shall be made to summarize complex technical materials for public and media use.

(3) Each division shall have a procedure for providing technical and informational assistance to public groups for citizen education, committee workshop training, dissemination of information to concerned groups and individuals. Requests for information shall be promptly handled.

(4) Each division of the department shall have a procedure for early consultation and exchange of views with interested or affected persons and organizations on development or revision of plans, programs, or other significant activity prior to decision making. Advisory groups, ad hoc committees or workshop meetings may serve this purpose.

(5) Field demonstrations and public field trips may be used when there is sufficient public interest concerning programs administered by the department.

(6) Each division shall maintain a current list of interested persons and organizations including any who have requested inclusion on such list, for the distribution of information such as that listed in subsection (2) (1) (a) of this rule. The department shall, in addition, notify any interested persons of any public hearing or other decision making proceedings prior to decision making and wherever possible shall supplement this notification with informal notice to all interested persons or groups having requested such notice in advance. The notice provisions of this subsection shall be deemed to have been complied with if:

(a) an environmental impact statement or preliminary environmental review is prepared and distributed in accordance with the Montana Environmental Policy Act, and the rules adopted pursuant thereto;

(b) a proceeding is held as required by the Montana Administrative Procedure Act;

(c) a public hearing, after appropriate notice is given, is held pursuant to agency discretion, any other provision of state law, or local ordinance or resolution; or

(d) a newspaper of general circulation within the area to be affected by a decision of significant interest to the public has carried a news story, notice or advertisement concerning the decision prior to a final decision on a matter.

(7) The department files, other than personnel files and those files required by law or requirements of individual privacy to remain confidential, are open to public inspection. These files are located at the department office in Helena. Copies of specific documents are available either free or for a reasonable copying charge.

(8) When the department determines that a proposed decision or action is of significant interest to the public, one person shall be designated as contact person with the public on the proposed decision or action. This person should be a departmental employee familiar with the proposed decision or action.

(9) The listing of specific measures in this section shall not preclude additional techniques for obtaining, encouraging or assisting public participation.

History: Sec. 2-3-103, MCA; IMP, 2-3-103, MCA; NEW, Eff. 9/5/76; TRANS, AMD, 1995 MAR p. 1955, Eff. 7/1/95.