Any interested person, the applicant, or the department may intervene in a permit amendment application proceeding by filing a petition to initiate a contested case hearing before the board. The petition must be filed with the department no later than 15 days following final publication of the notice of departmental recommendation. A petition to initiate a contested case hearing must comply with the requirements of § 74:09:01:01.
If a petition for a contested case hearing is filed, the contested case procedures of chapter 74:09:01 apply to the proceeding unless they are specifically altered by this article. The department shall schedule a hearing before the board. The hearing must be held within 50 days after final publication of the notice of departmental recommendation. The department shall mail a copy of the petition and a notice of hearing to the applicant and other parties.
S.D. Admin. R. 74:29:03:14
General Authority: SDCL 45-6B-81.
Law Implemented: SDCL 1-26-17, 1-26-27, 45-6B-16, 45-6B-18, 45-6B-29 to 45-6B-31.