49-185. Appeals and dispute resolution
A. Under this article, only the denial or rescission of a no further action
determination is an appealable agency action as defined in section 41-1092, a contested
case as defined in section 41-1001, or an action against a party as defined in section
41-1092.12.
B. In a dispute concerning an issue of geologic, hydrologic, chemical, biological
or other scientific interpretation under this article, the applicant may request dispute
resolution under this subsection. The applicant and the department shall seek in good
faith to resolve the dispute informally. If the dispute cannot be resolved informally
within thirty days, the applicant may submit a written statement describing the dispute,
the applicant's proposed resolution and any supporting information to the department
within twenty days after the end of informal dispute resolution. Within thirty days after
receipt of the applicant's written statement, the department shall deliver or mail a
written response to the applicant. The applicant's statement and the department's
response may then be submitted to a qualified professional other than a professional
retained by the applicant or an employee of the department. The department shall maintain
a list of qualified professionals who may be selected to perform a review under this
subsection. The professional shall review the matter and provide a recommended resolution
to the director within thirty days after receipt of the information regarding the
dispute. The applicant shall pay the cost of the review. Within forty-five days after
receipt of the professional's recommendations, the director shall select the applicant's,
the department's or the professional's proposed resolution of the dispute and shall issue
a written explanation of the decision. Deadlines under this subsection may be extended by
agreement of the parties.
C. Any dispute between an applicant and the department that arises under this
article may be resolved as provided in this subsection. Before making any request under
this subsection, the applicant and the department shall seek in good faith to resolve the
dispute informally. If the dispute cannot be resolved in thirty days, the applicant may
submit a written statement describing the dispute and the applicant's proposed resolution
of the dispute to the department within thirty days after conclusion of the informal
dispute resolution. Within forty-five days after receipt of the applicant's statement,
the department shall deliver or mail a written response to the applicant proposing a
resolution of the dispute. The applicant may submit a written request for a decision on
the dispute by the director. Within twenty days after receipt of the applicant's
proposal, the director shall select the applicant's or the department's proposed
resolution of the dispute and shall issue a written explanation of the decision.
Deadlines under this subsection may be extended by agreement of the parties.
D. A dispute regarding billings by the department for reimbursement of costs
pursuant to section 49-179 shall be resolved pursuant to subsection C of this section.
Any dispute regarding a billing shall be raised in writing within thirty days after a
bill is received. The department shall not require payment of the disputed portion of the
bill to invoke dispute resolution. The department shall not terminate an application
pursuant to section 49-178 for nonpayment of a disputed portion of a bill while dispute
resolution is being conducted until after the director issues a decision.
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