68-211-113. Review of correction order or plan disapproval Hearing Appeal.
(a) Except in counties having populations of not less than two hundred thousand (200,000) nor more than two hundred seventy-five thousand (275,000), any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the board no later than thirty (30) days after the date such order is served.
(b) Any person whose plans for the construction of, or change in, any solid waste processing facility or disposal facility or site are disapproved by the commissioner may secure a review of the commissioner's disapproval by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's disapproval, and asking for a hearing before the board. Any disapproval of such plans shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of disapproval is served. For purposes of review, approval of plans subject to modifications, conditions or regulations specified by the commissioner with which the person submitting the plans disagrees shall constitute disapproval.
(c) In the event the commissioner fails to take any action on plans for the construction of, or change in, a solid waste processing facility or disposal facility or site within forty-five (45) days after they are submitted to such commissioner, the person having submitted such plans may appeal to the board as though notice of disapproval were received at the expiration of such period; provided, that in lieu of setting forth the objections to the grounds for the commissioner's disapproval, the petition shall recite the failure of the commissioner to act on the plans.
(d) Notwithstanding any law to the contrary except chapter 213 of this title, the approval of the commissioner of a solid waste processing facility or disposal facility or site shall be final and not subject to review by any administrative board, commission or other administrative officer or body.
(e) Upon receipt of a written petition as provided in subsections (a) and (b), the commissioner shall forthwith deliver the petition and all papers relating to the case to the chair of the board who shall thereupon determine the time and place for a hearing before the board. The chair shall give the commissioner and petitioner thirty (30) days' written notice of the time and place of the hearing, and such hearing shall be held not later than sixty (60) days from receipt of the written petition by the commissioner; provided, that upon request of the petitioner or upon the agreement of the petitioner, such hearing may be held not later than one hundred twenty (120) days from receipt of the written petition by the commissioner. At such hearing before the board, the commissioner, the petitioner, and any other interested party may appear in person, and by counsel present witnesses, and submit evidence. The chair shall have the power to administer oaths and issue subpoenas in behalf of the department or at the request of the petitioner.
(f) On the basis of the evidence, produced at the hearing, the board shall make findings and enter such orders as, in its opinion, will best further the purposes of this part and shall give written notice of such decisions and orders to the parties affected. The order issued under this subsection shall be issued no later than thirty (30) days following the close of the hearing.
(g) The chancery court of Davidson County has exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part. Appeals from orders and decrees of the chancery court and proceedings brought under the provisions of this part shall lie to the court of appeals despite the fact that controverted questions of fact may be involved therein.
(h) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of such commissioner's action or determination within ninety (90) days from the date of such commissioner's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. If the commissioner fails to take the action stated in such commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of preparing such complainant's complaint.
68-211-113. Review of correction order or plan disapproval Hearing Appeal.
(a) Except in counties having populations of not less than two hundred thousand (200,000) nor more than two hundred seventy-five thousand (275,000), any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the board no later than thirty (30) days after the date such order is served.
(b) Any person whose plans for the construction of, or change in, any solid waste processing facility or disposal facility or site are disapproved by the commissioner may secure a review of the commissioner's disapproval by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's disapproval, and asking for a hearing before the board. Any disapproval of such plans shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of disapproval is served. For purposes of review, approval of plans subject to modifications, conditions or regulations specified by the commissioner with which the person submitting the plans disagrees shall constitute disapproval.
(c) In the event the commissioner fails to take any action on plans for the construction of, or change in, a solid waste processing facility or disposal facility or site within forty-five (45) days after they are submitted to such commissioner, the person having submitted such plans may appeal to the board as though notice of disapproval were received at the expiration of such period; provided, that in lieu of setting forth the objections to the grounds for the commissioner's disapproval, the petition shall recite the failure of the commissioner to act on the plans.
(d) Notwithstanding any law to the contrary except chapter 213 of this title, the approval of the commissioner of a solid waste processing facility or disposal facility or site shall be final and not subject to review by any administrative board, commission or other administrative officer or body.
(e) Upon receipt of a written petition as provided in subsections (a) and (b), the commissioner shall forthwith deliver the petition and all papers relating to the case to the chair of the board who shall thereupon determine the time and place for a hearing before the board. The chair shall give the commissioner and petitioner thirty (30) days' written notice of the time and place of the hearing, and such hearing shall be held not later than sixty (60) days from receipt of the written petition by the commissioner; provided, that upon request of the petitioner or upon the agreement of the petitioner, such hearing may be held not later than one hundred twenty (120) days from receipt of the written petition by the commissioner. At such hearing before the board, the commissioner, the petitioner, and any other interested party may appear in person, and by counsel present witnesses, and submit evidence. The chair shall have the power to administer oaths and issue subpoenas in behalf of the department or at the request of the petitioner.
(f) On the basis of the evidence, produced at the hearing, the board shall make findings and enter such orders as, in its opinion, will best further the purposes of this part and shall give written notice of such decisions and orders to the parties affected. The order issued under this subsection shall be issued no later than thirty (30) days following the close of the hearing.
(g) The chancery court of Davidson County has exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part. Appeals from orders and decrees of the chancery court and proceedings brought under the provisions of this part shall lie to the court of appeals despite the fact that controverted questions of fact may be involved therein.
(h) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of such commissioner's action or determination within ninety (90) days from the date of such commissioner's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. If the commissioner fails to take the action stated in such commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of preparing such complainant's complaint.
68-211-113. Review of correction order or plan disapproval Hearing Appeal.
(a) Except in counties having populations of not less than two hundred thousand (200,000) nor more than two hundred seventy-five thousand (275,000), any person against whom an order is issued may secure a review of the necessity for or reasonableness of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to review unless the person or persons named therein shall file such petition for a hearing before the board no later than thirty (30) days after the date such order is served.
(b) Any person whose plans for the construction of, or change in, any solid waste processing facility or disposal facility or site are disapproved by the commissioner may secure a review of the commissioner's disapproval by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections to the commissioner's disapproval, and asking for a hearing before the board. Any disapproval of such plans shall become final and not subject to review unless such petition for a hearing before the board is filed no later than thirty (30) days after notice of disapproval is served. For purposes of review, approval of plans subject to modifications, conditions or regulations specified by the commissioner with which the person submitting the plans disagrees shall constitute disapproval.
(c) In the event the commissioner fails to take any action on plans for the construction of, or change in, a solid waste processing facility or disposal facility or site within forty-five (45) days after they are submitted to such commissioner, the person having submitted such plans may appeal to the board as though notice of disapproval were received at the expiration of such period; provided, that in lieu of setting forth the objections to the grounds for the commissioner's disapproval, the petition shall recite the failure of the commissioner to act on the plans.
(d) Notwithstanding any law to the contrary except chapter 213 of this title, the approval of the commissioner of a solid waste processing facility or disposal facility or site shall be final and not subject to review by any administrative board, commission or other administrative officer or body.
(e) Upon receipt of a written petition as provided in subsections (a) and (b), the commissioner shall forthwith deliver the petition and all papers relating to the case to the chair of the board who shall thereupon determine the time and place for a hearing before the board. The chair shall give the commissioner and petitioner thirty (30) days' written notice of the time and place of the hearing, and such hearing shall be held not later than sixty (60) days from receipt of the written petition by the commissioner; provided, that upon request of the petitioner or upon the agreement of the petitioner, such hearing may be held not later than one hundred twenty (120) days from receipt of the written petition by the commissioner. At such hearing before the board, the commissioner, the petitioner, and any other interested party may appear in person, and by counsel present witnesses, and submit evidence. The chair shall have the power to administer oaths and issue subpoenas in behalf of the department or at the request of the petitioner.
(f) On the basis of the evidence, produced at the hearing, the board shall make findings and enter such orders as, in its opinion, will best further the purposes of this part and shall give written notice of such decisions and orders to the parties affected. The order issued under this subsection shall be issued no later than thirty (30) days following the close of the hearing.
(g) The chancery court of Davidson County has exclusive original jurisdiction of all review proceedings instituted under the authority and provisions of this part. Appeals from orders and decrees of the chancery court and proceedings brought under the provisions of this part shall lie to the court of appeals despite the fact that controverted questions of fact may be involved therein.
(h) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named therein, promptly investigate the allegations contained therein, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of such commissioner's action or determination within ninety (90) days from the date of such commissioner's receipt of the written complaint. If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such complainant or alleged violator may appeal to the board for a hearing. Such appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. If the commissioner fails to take the action stated in such commissioner's notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of preparing such complainant's complaint.
