45-704. Notice of application; objections;
hearing; approval or rejection
A. On receiving an application under section 45-703, the director shall record the
application and endorse on the application the date of receipt. The director shall
conduct an initial review of the application within fifteen days of receiving the
application. If the director determines in the initial review that the application is
incomplete, the director shall notify the applicant. The application is incomplete until
the applicant files all of the information requested in the application. The director
shall determine whether the application is correct within ninety days after receiving a
complete application. The director may request additional information from the
applicant. The director may conduct independent investigations as may be necessary to
determine whether the application should be approved or rejected.
B. If the director determines that the application is complete and correct, the
director, within fifteen days after the determination, or a longer period if the
applicant requests, shall 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 persons reside who could reasonably be expected to be affected by the designation
of groundwater oversupply. The notice shall state that persons who may be adversely
affected by the designation may file written objections to the issuance of the
certificate with the director within fifteen days after the last publication of
notice. An objection shall state the name and mailing address of the objector, shall be
signed by the objector or the objector's agent or attorney and shall clearly set forth
reasons why the certificate should not be issued. The grounds for objection are limited
to whether the application meets the criteria for issuing a certificate prescribed in
section 45-702, subsection B.
C. In appropriate cases, including cases in which a proper objection to the
certificate 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. At
least thirty days before the hearing, the director shall notify the applicant and any
person who filed a proper objection to the issuance of the certificate. The hearing
shall be scheduled for at least sixty but not more than ninety days after the expiration
of the time in which to file objections.
D. The director shall record and endorse the approval or denial of the application
on the application. If the certificate is denied, the director shall return a copy of
the application to the applicant specifically stating the reasons for denial.
E. 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.
|