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KANSAS STATUTES AND CODES
65-3008a. Same; public comment and hearing; review.
65-3008a
65-3008a. Same; public comment and hearing;review.(a) No permit shall be issued, modified, renewed or reopenedwithout first providing the public an opportunity to comment and requesta public hearing on the proposed permit action. The request for a publichearing on the issuance of a permit shall set forth the basis for the requestand a public hearing shall be held if, in the judgment of the secretary, thereis sufficient reason.
(b) The secretary shall affirm, modify or reverse the decision on suchpermit after the public comment period or public hearing, and shall affirmthe issuance of any permit the terms and conditions of which comply with allrequirements established by rulesand regulations promulgated pursuant to the Kansas air quality act. Anyperson who participated in the public comment process or the publichearing who otherwise would have standing under K.S.A. 77-611, and amendmentsthereto, shall have standing to obtain judicial review of the secretary's finalaction on the permit pursuant to the act for judicialreview and civil enforcement of agency actions in the court ofappeals. Any such person other than the applicant for or holder of thepermit shall not be requiredtohave exhausted administrative remedies in order to be entitled to review.The court of appeals shall have original jurisdiction to review any suchfinal agency action. The record before the court of appealsshall be confined to the agency record for judicial review and consist ofthedocumentation submitted to or developed by thesecretary in making the final permit decision, including the permit applicationand any addenda or amendments thereto, the permit summary, the draft permit,all written comments properly submitted to the secretary, all testimonypresented at any publichearing held on the permit application, all responses by the applicant orpermit holder to any written comments or testimony, the secretary'sresponse to the publiccomments and testimony and the final permit.
(c) When determined appropriate by the secretary, the procedures set outin subsection (a) may be required prior to the issuance,modification, renewal or reopeningof an approval.
History: L. 1993, ch. 13, § 6;L. 2006, ch. 79, § 1;L. 2009, ch. 141, § 24; May 28.