Kan. Admin. Regs. § 28-30-206

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-30-206 - Administrative appeal to the board

(a) Any owner of a water well or borehole or any person whose legal rights, duties, privileges, immunities, or other legal interests are affected by an order issued by the district may request an appeal hearing with the board.

(b) The request for hearing shall be filed with the board within 30 days after service of the order on the owner or owners of the water well or borehole or any person whose legal rights, duties, privileges, immunities, or other legal interests are affected by the order. The request for hearing shall state the basis for requesting a hearing and shall be accompanied by documentation supporting the request.

(c) During the hearing, the board may take into consideration any relevant information or data, including information and data from any person whose legal rights, duties, privileges, immunities, or other legal interests may be affected by the order.

(d) After consideration of all information and data presented, the board shall issue one of the following:

(1) An order remanding the case to the district manager with instructions for additional investigation; or

(2) a final order that contains findings of fact and conclusions of law.

(e) Within 15 days of the service of a final order, the owner or owners of the water well or borehole or any person whose legal rights, duties, privileges, immunities, or other legal interests are affected may file a written petition for reconsideration to the board. The petition for reconsideration shall state the basis and contain any facts and conclusions of law that are in dispute.

(f) The board shall render a written order denying the petition for reconsideration, granting the petition for reconsideration and modifying the final order, or granting the petition for reconsideration and setting the matter for further proceedings. After further proceedings, the petition for reconsideration may be denied or granted in whole or in part.

(g) Unless clear and convincing evidence is presented to the board, the board shall not render a written order if the order would result in any of the following:

(1) The impairment of an existing groundwater use;

(2) an adverse effect on public health, safety, or the environment;

(3) the threat of groundwater contamination;

(4) an adverse effect on the public interest; or

(5) the impairment of the board's ability to apply and enforce these regulations or the management program specified in K.S.A. 82a-1029, and amendments thereto.

(h) Any owner or owners or any person whose legal rights, duties, privileges, immunities, or other legal interests are affected by a final order or order rendered upon reconsideration may seek judicial review pursuant to the act for judicial review and civil enforcement of agency actions specified in K.S.A. 77-601 et seq., and amendment thereto.

(i) Each order issued by the board shall be mailed to the owner or owners; any person whose legal rights, duties, privileges, immunities, or other legal interests are affected by the order; and the department. Service shall be deemed complete upon mailing.

Kan. Admin. Regs. § 28-30-206

Authorized by and implementing K.S.A. 2004 Supp. 82a-1028; effective Sept. 30, 2005.