49-428. Appeals of permit actions
A. Within thirty days after notice is given by the director of approval, denial or
revocation of a permit, permit revision or conditional order, the applicant and any
person who filed a comment on the permit or permit revision pursuant to section 49-426,
subsection D, or on the conditional order pursuant to section 49-438, subsection C, may
appeal the decision as an appealable agency action pursuant to title 41, chapter 6,
article 10.
B. Any person having an interest that is or may be adversely affected may commence
a civil action in superior court against the director alleging that the director has
failed to act in a timely manner as provided in section 49-426, subsection C. No action
may be commenced before sixty days after the plaintiff has given notice to the
director. The court has jurisdiction to require the director to act without additional
delay.
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