53-9-39 - Disposition of application for permit; manner of notifying interested parties; hearing before review board and notification of decision; temporary relief; right to judicial appeal.
§ 53-9-39. Disposition of application for permit; manner of notifying interested parties; hearing before review board and notification of decision; temporary relief; right to judicial appeal.
(1) Within fourteen (14) days after issuing or denying a permit or granting or denying a modification to an existing permit, as recorded in the minutes of the permit board, the permit board shall notify by mail to the last-known address, the following:
(a) The permit applicant;
(b) The mayor of each municipality and the president of the board of supervisors of each county in which the permit area is located;
(c) Persons who submitted written comments concerning the application in the time, manner and form as provided by regulation, if those persons provided the permit board with a complete address; and
(d) Persons who requested the public hearing, if a public hearing was held, if those persons provided the permit board with a complete address.
The notification required under paragraph (b) of this subsection shall include a description of the permit area and a summary of the mining and reclamation plan.
(2) If the permit board denies the permit, the permit board shall provide the applicant in writing specific reasons for its denial.
(3) Within forty-five (45) days after the action of the permit board, as recorded in the minutes of the permit board, the applicant or any other interested party may request a formal hearing. If the permit board fails to take action within the time allowed under Section 53-9-37, any interested party may request a formal hearing on that failure to act. Any formal hearing shall be conducted within sixty (60) days after receipt of the first request for a formal hearing. No person who presided at a public hearing on an application for the same surface coal mining and reclamation operation under Section 53-9-37 shall preside at the formal hearing. At the conclusion of the formal hearing or within thirty (30) days after the formal hearing, the permit board shall enter in its minutes a final decision affirming, modifying or reversing its prior decision to issue or deny the permit. The permit board shall mail within seven (7) days after its final decision as recorded in the minutes of the permit board, notice of that decision to the applicant and all persons who participated as a party in the formal hearing. The deadlines in this subsection may be extended by written agreement of the parties.
(4) If a hearing is requested under subsection (3) of this section, the permit board may, under any conditions as it may prescribe, grant temporary relief as it deems appropriate pending a final action if:
(a) All proper parties to the formal hearing have been notified and given an opportunity to be heard on a request for temporary relief;
(b) The person requesting that relief shows that there is substantial likelihood that the person will prevail on the merits of the final action; and
(c) Any relief shall not adversely affect the public health or safety or cause significant imminent environmental harm to land, air or water resources.
(5) A verbatim record of each formal hearing held under this chapter shall be made.
(6) Any applicant or any person who participated as a party in the formal hearing and who is aggrieved by the final action of the permit board may appeal that action in accordance with Section 49-17-29.
Sources: Laws, 1979, ch. 477, §§ 15(1) and 19; Laws, 1997, ch. 306, § 19, eff from and after passage (approved March 10, 1997).