74:29:10:24Hearing on petition to

remove lands from preliminary list. The board shall schedule a hearing on a petition to remove lands from the preliminary list for a date within 60 days after receipt of the petition, unless waived by the petitioner. The notification and publication requirements of subdivision 74:29:10:17(4) shall be followed prior to the hearing. The petitioner shall present the petition and supporting evidence to the board during the hearing on a petition to remove lands from the preliminary list. Failure to appear during the hearing may constitute grounds for dismissal of the petition by the board. After considering all evidence presented, the board shall, during the hearing, either remove the lands from the preliminary list or determine that the lands are special, exceptional, critical, or unique.

Source: 17 SDR 86, effective December 25, 1990.