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AG 1995 04 17
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AG 1995 04 17
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Last modified
3/25/2002 4:35:46 PM
Creation date
11/27/2017 11:57:09 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
4/17/1995
Board
Board of Commissioners
Meeting Type
Regular
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(d) <br /> <br />(e) <br /> <br />(f) <br /> <br />Hearings. <br />8.1. <br /> <br />Revoke any permit pursuant to Section 10-8.1 of this Article; <br /> <br />Suspend a permit pursuant to Section 10-8.1 of this Article; <br /> <br />Deny a permit application when in the opinion of the Executive <br />Director such discharge may cause or contribute to pass through <br />or interference of the wastewater treatment plant or where <br />necessary to effectuate the purposes of N.C.G.S. 143-215.1. <br /> <br />The Authority may conduct hearings as designated in Section 10- <br /> <br />Initial Adjudicatory Hearings. Any applicant whose permit is denied, <br />or is granted subject to conditions he deems unacceptable, a <br />permittee/user assessed a civil penalty under Section 10-8.2, or one <br />issued an administrative order under Section 10-8.1 shall have the <br />right to an adjudicatory hearing before a hearing officer designated by <br />the Executive Director upon making written demand, identifying specific <br />issues to be contested, to the Executive Director within thirty (30) <br />days following receipt of the significant industrial user permit, civil <br />penalty assessment, or administrative order. Unless such written <br />demand is made within the time specified herein, the action shall be <br />final and binding. The hearing officer shall make a final decision on <br />the contested permit, penalty, or order within 45 days of the receipt <br />of the written demand for a hearing. The Executive Director shall <br />transmit a copy of the hearing officer's decision by registered or <br />certified mail. <br /> <br />(b) <br /> <br />New Permits. Upon appeal, including judicial review in the <br />General Courts of Justice, of the terms or conditions of a newly <br />issued permit, the terms and conditions of the entire permit are <br />stayed and the permit is not in effect until either the <br />conclusion of judicial review or until the parties reach a mutual <br />resolution. <br /> <br />Renewed Permits. Upon appeal, including judicial review in the <br />General Courts of Justice, of the terms or conditions of a <br />renewed permit, the terms and conditions of the existing permit <br />remain in effect until either the conclusion of judicial review <br />or until the parties reach a mutual resolution. <br /> <br />Final Appeal Hearings. Any decision of a hearing officer made as a <br />result of an adjudicatory hearing held under Section 10-4.2 (h) (1) <br />above may be appealed, to the Board of Directors upon filing a written <br />demand within ten (10) days of receipt of notice of the decision. <br />Hearings held under this subsection shall be conducted in accordance to <br />the general guidelines of a hearing. Failure to make written demand <br />within the time specified herein shall bar further appeal. The Board <br />of Directors shall make a final decision on the appeal within 90 days <br />of the date the appeal was filed and shall transmit a written copy of <br />its decision by registered or certified mail. <br /> <br />Official Record. When a final decision is issued under Section 10-4.2 <br />(h) (2) above, the Board of Directors shall prepare an official record <br />of the case that includes: <br /> <br />(a) Ali notices, motions and other like pleadings; <br /> <br />(b) A copy of all documentary evidence introduced; <br /> <br />(c) <br /> <br />A certified transcript of all testimony taken, if testimony is <br />transcribed. If testimony is taken and not transcribed, then a <br />narrative summary of any testimony taken; <br /> <br />(d) A copy of the final decision of the Board of Directors. <br /> <br />53 <br /> <br /> <br />
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