S.D. Admin. R. 74:36:05:20.02

Current through Register Vol. 51, page 51, October 21, 2024

Section 74:36:05:20.02 - Petitions for contested case hearing

The applicant, interested person, or affected state may petition the board and obtain a contested case hearing to dispute the department's draft permit. Any other person may petition to intervene and request a hearing if the person has an interest affected by the department's draft permit. Such petitions must comply with the provisions of article 74:09 and be received by the department within 30 days after the notice required by § 74:36:05:17.

The applicant or an interested person or affected state that comments on the draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions of article 74:09 and be received by the department within 30 days after the applicant, interested person, or affected state receives the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the draft permit or final permit decision to the board for action in accordance with article 74:09.

S.D. Admin. R. 74:36:05:20.02

SL 1975, ch 16, § 1; 2 SDR 40, effective 12/7/1975; transferred from §§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective 7/27/1980; transferred from § 44:10:01:39, effective 7/1/1981; 13 SDR 129, 13 SDR 141, effective 7/1/1987; 14 SDR 50, effective 10/4/1987; transferred from § 74:26:01:39, 19 SDR 157, effective 4/22/1993; transferred from § 74:36:05:26, 20 SDR 125, effective 2/9/1994; 21 SDR 119, effective 1/5/1995; 25 SDR 123, effective 4/4/1999; 39 SDR 219, effective 6/25/2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.