Section 1200-03-09-.05 - APPEAL OF PERMIT APPLICATION DENIALS AND PERMIT CONDITIONS(1) In any case where the Technical Secretary or the Department denies a permit application, this denial is appealable to the Board if a petition of appeal is received by the Technical Secretary within thirty (30) days of receipt of the denial letter by the owner or operator.(2) The letter of denial of the application shall include the basis for denial and notify the party of their right to appeal and of the right to legal counsel.(3) The reasons the petitioner feels the permit should have been granted must be filed as part of the petition. Additionally a party may request prehearing discovery, as provided in T.C.A. § 4-5-306, by filing and detailing the request with the petition.(4) Within thirty (30) days of receipt of the petition for appeal of a permit denial, the Technical Secretary shall notify the petitioner of the time and place for the hearing.(5) In any case where a condition is placed on a permit, the imposition of that permit condition may be appealed by filing a petition for reconsideration of the permit conditions. The petition for reconsideration of permit conditions shall specify which conditions and portions of conditions are objected to and specifying in detail the objections. The petition of appeal must be delivered to the Technical Secretary within thirty (30) days after the mailing date of the permit. If the Technical Secretary is considering denying the petition he shall schedule a conference with the petitioner to discuss the matters under appeal within forty-five (45) days of receipt of the petition. If the Technical Secretary's resultant decision on the matter under appeal aggrieves the petitioner, the petitioner may request a hearing pursuant to T.C.A. § 68-25-108.
(6) All applicable provisions of T.C.A. § 4-5-301 et seq., on contested cases shall apply to the hearing before the Board on such appeals.(7) The denial of a permit application by the Technical Secretary stands, unless the majority of a quorum of the Board votes to overturn the denial after the hearing.(8) A permit condition specified by the Technical Secretary after the hearing provided for in paragraph (5) stands unless on appeal the Board votes to modify or delete the condition by a majority of a quorum of the Board.Tenn. Comp. R. & Regs. 1200-03-09-.05
Original rule filed October 1, 1979; effective November 16, 1979. Amendment filed May 17, 1990; effective July 1, 1990. Administrative History has been edited to delete a November 6, 1988 Amendment. No evidence of this filing exists, and this is an editorial mistake by the Secretary of State. June 30, 2001.Authority: T.C.A. §§ 68-25-105 and 4-5-202 et. seq.