Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-11-7 - Air Pollution Emergencies; Contents of Order; Hearings; Appeals7.1. As provided in W.Va. Code '22-5-8, if the Director, with the written approval of the Governor, enters an order declaring an Air Pollution Emergency, as provided in Section 3.1.d. of this rule hereof, it shall, in such order, direct what action shall be taken by the Director to bring about the reduction or prevention of emissions substantially contributing to said Emergency. In such order the Director shall also fix a time (which shall be not later than twenty-four (24) hours from the time of entry of such order) and place for a hearing to be held by the Director for the purpose of investigating and determining the factors bearing upon the existence of and contribution to the alleged Emergency.7.2. A true copy of any such order shall be served upon all persons whose interest are directly prejudiced by such order in the same manner as a summons in a civil action may be served, and a true copy shall also be posted on the front door of the courthouse of the county in which the alleged emergency conditions originated. All persons whose interests are prejudiced or affected in any manner by any such order shall have the right to appear in person or by counsel at such hearing and to present relevant evidence. Within twenty-four (24) hours after the completion of the hearing, the Director shall affirm, modify or set aside said order in accordance and consistent with the evidence adduced at such hearing.7.3. Any person aggrieved by any such final action of the Director may thereafter exercise the rights of judicial review and appeal which are set forth in the statute hereinabove cited.