Section 34A-6-1.14 - Procedure for permit issuance and modification of status prescribed byboard--Scope of rules--Hearing. - South Dakota Statutes

34A-6-1.14. Procedure for permit issuance and modification of status prescribed by board--Scope of rules--Hearing. The board shall by rule prescribe the procedure for permit issuance, amendment, suspension, revocation, and reinstatement. The rules shall conform to chapter 1-26 and shall address application form and contents, application completeness review, departmental investigation and evaluation of applications, the form, content, and method and timing of publication or other service of the notice of application and departmental recommendation, intervention by interested parties, scheduling and conduct of hearings, prehearing discovery, continuances, and other matters as necessary to effectuate the permitting process. The secretary may recommend approval, denial, or approval with such terms, conditions, or modifications as it deems necessary to comply with §§ 34A-6-1.1 to 34A-6-1.38, inclusive, and to protect the public interest. A notice of application and the recommendation of the secretary shall, at a minimum, be published in one official newspaper of the county in which the facility is located. A hearing may be held only if a petition requesting a hearing is filed by the secretary, any member of the board, the applicant or an interested person within thirty days after the publication of the notice and recommendation. If a petition for hearing is not timely filed, the recommendation of the secretary becomes the final decision on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.

Source: SL 1989, ch 306, § 15; SL 1991, ch 288, § 7.