§179D-7 - Administrative and judicial review.
§179D-7 Administrative and judicial review.
(a) The findings and order of the board, and the board's approval or
disapproval of an application issued by the State are final, conclusive, and
binding upon all owners, state agencies, and other government agencies,
regulatory or otherwise, as to the safety of design, construction, enlargement,
repair, alteration, removal, maintenance, and operation of any dam or
reservoir. The board's approval of an application or a certificate of approval
to impound shall not be considered final if it can be demonstrated to the board
that the board's approval of the relevant application or certificate of
approval was based on one or more misrepresentations.
(b) Any person who is aggrieved or adversely
affected by an order or action of the board shall be entitled to administrative
and judicial review in accordance with chapter 91; provided that the order
or action shall remain in force until modified or set aside on appeal. [L 1987,
c 199, pt of §1; am L 2007, c 262, §8]