49-323. Appeals to the board; judicial review
A. An appeal to the appeals board may be taken from any grant, denial,
modification or revocation of any individual permit issued under this chapter, from any
issuance, denial or revocation of a determination pursuant to section 49-241, subsections
B and C or from the establishment of numeric values and data gap issues for pesticides
pursuant to sections 49-303 and 49-304, by any person who is adversely affected by the
action or by any person who may with reasonable probability be adversely affected by the
action and who has exercised any right to comment on the action as provided in section
41-1092.03. Any interested person may intervene in the appeal as a matter of right. The
board shall hold a hearing if questions of material fact are at issue in the
appeal. Notice and hearing procedures are subject to title 41, chapter 6, article 10.
B. Final decisions of the board are subject to appeal to superior court pursuant to
title 12, chapter 7, article 6. For the benefit of the people of this state, appeals
under this section have precedence, in every court, over all other civil proceedings.
The presiding judge for the county in which the appeal has been made shall assign the
appeal to the appropriate judge designated by the chief justice of the supreme court
pursuant to section 45-406 to hear appeals relating to groundwater.
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