Hearing officer recommends permits for overlegal transports

A hearing officer recommended this week that ITD issue permits to ExxonMobil for the transport overlegal loads on U.S. 12.
The company is proposing to move approximately 200 large loads from the Port of Lewiston to the Montana border on U.S. 12. Opponents argued against the issuance of the permits before retired judge Duff McKee during an April hearing in Boise.
In his 63-page recommendation, McKee determined:
- “In this case, and based upon the findings of fact and analysis, I conclude that none of the complaints or issues raised by the protesting parties are sustained.

- I conclude that there is no other basis under the law or regulations of ITD that would justify a denial or revocation of the overlegal permit in this case. I conclude there was no error in procedure on the part of ITD in the issuance of the permit in this case, or any other basis to interfere with the executive determinations of the department in issuing the permits in this case.”
For a copy of the entire recommendation, click here.
All parties now have 14 days to file a motion for reconsideration to the hearing officer. The hearing officer would then have approximately 21 days to rule on the motion. The parties then could appeal the ruling to ITD Director Brian Ness. Ness would have 56 days to rule on the appeal.
After this process is complete, or if no appeal is filed, Ness will either accept, reject or modify the ruling.

Published 7-1-2011