45-523 - Notice; objections; hearing
45-523. Notice; objections; hearing
A. Except as provided in section 45-518, subsection D and section 45-519.01,
subsection F, when the permit application is determined complete and correct, the
director shall, within fifteen days of such determination, give notice of the application
once each week for two consecutive weeks in a newspaper of general circulation in the
county or counties in which the active management area in which the applicant proposes to
withdraw groundwater is located.
B. Notice pursuant to subsection A of this section shall state that objections to
the issuance of the permit may be filed, by persons residing in the active management
area, in writing, with the director within fifteen days after the last publication of
notice and that objections are limited to whether the permit application meets the
criteria for issuance of a permit as set forth in this article. An objection shall state
the name and mailing address of the objector, be signed by the objector, the objector's
agent or the objector's attorney and clearly set forth reasons why the permit should not
be issued.
C. In appropriate cases, including cases where a proper written objection to the
permit application has been filed, an administrative hearing may be held before the
director's decision on the application if the director deems a hearing necessary. The
director shall, thirty days prior to the date of the hearing, give notice to the
applicant and to any person who filed a proper written objection to the issuance of the
permit. The hearing shall be scheduled for not less than sixty days nor more than ninety
days after the expiration of the time in which to file objections.
D. Section 45-114, subsections A and B govern administrative proceedings, rehearing
or review and judicial review of final decisions of the director under this section. If
an administrative hearing is held, it shall be conducted in the active management area in
which the use is located.
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