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119 <br />MINNESOTA RULES 6115.0970 <br />Subp. 5. Review by commissioner and agency. Upon receipt of a copy of the petition or <br />document, the commissioner shall: <br />A. Review the petition or document and any evidence presented by the agency or concerned <br />citizens pertaining to the establishment of the proposed district. This review shall include an <br />evaluation of the statement of district purposes and its relation to existing laws, rules, and regulations, <br />units of government, water and related land management programs and policies. The proposed <br />district boundaries shall be examined to assess their consistency with these parts. When one or <br />more of the stated purposes of the proposed district relate to pollution control, this review shall be <br />conducted with the assistance of the agency. <br />B. Prepare an advisory report stating findings as to whether the proposed lake improvement <br />district should be established. The commissioner shall set forth in the report any matters pertaining <br />to the district which should be further investigated and evaluated. On determining that the <br />establishment of the proposed district is not in the public interest, the commissioner shall so report <br />the specific reasons and inadequacies. The commissioner may request additional time for review <br />of the proposed district in such cases where additional time can be shown to be necessary for proper <br />evaluation. The commissioner's report may contain reports by the agency. <br />Subp. 6. Request for continuance or postponement of hearing. The county board may grant <br />requests by citizens, the commissioner, or the agency for postponement or continuance of the public <br />hearing to a time more than 30 days after receipt of the petition and verification of the signatures <br />thereon. Such requests may be granted if the county board determines that the additional time <br />requested is appropriate and reasonable in order for the requesting organization or citizens to <br />adequately prepare for the public hearing, and consistent with the goals of promptness and fairness <br />in the proceedings. <br />Subp. 7. Advisory report. The commissioner's advisory report shall be publicly read into the <br />record at the public hearing. <br />Subp. 8. Modification of findings. The commissioner may modify findings based on evidence <br />presented during and subsequent to the public hearing. <br />Subp. 9. Formal meeting to approve or disapprove district. No sooner than ten days but <br />within 30 days following the holding of the public hearing, the county board shall formally convene <br />to approve or disapprove the establishment of the proposed lake improvement district. At least ten <br />working days' notice shall be given to the commissioner of the time and place where the board will <br />formally convene for this purpose. If the commissioner or the commissioner's representative does <br />not appear, any modifications of the commissioner's advisory report shall be publicly read into the <br />record. <br />Statutory Authority: MS s 103B.511; 3 78.41 <br />History: 17 SR 1279 <br />Published Electronically: June 11, 2008 <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />