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House Journal: Page 1519: Monday, April 13, 1998

39     8.  The department shall notify the county board of
40   supervisors of the county where a confinement feeding
41   operation or related animal feeding operation
42   structure subject to a construction permit is proposed
43   to be constructed.  The notice shall state the
44   department's decision to approve or disapprove an
45   application for the construction permit.  The notice
46   shall be delivered to the county within three days
47   following the department's decision.  The county board
48   of supervisors may contest the decision by filing a
49   demand for a hearing before the commission as provided
50   by rules adopted by the department in conformance with

Page  23

 1   chapter 17A.  In contesting the decision, the county
 2   shall submit a statement to the department, providing
 3   all reasons why the application should be approved or
 4   disapproved according to legal requirements provided
 5   in this chapter.
 6     a.  The county board of supervisors must contest
 7   the decision within fourteen days following receipt of
 8   the department's notice to approve or disapprove the
 9   application.
10     b.  The contested decision shall be heard by the
11   commission according to procedures adopted by the
12   commission.  The commission may hear the case as a
13   contested case proceeding under chapter 17A.  The
14   commission shall render a decision within thirty-five
15   days from the date that the county board of
16   supervisors files a demand for a hearing.  The
17   decision of the commission shall be final agency
18   action under chapter 17A.
19     9.  a.  The department shall not issue a permit to
20   a person under this section if an enforcement action
21   by the department, relating to a violation of this
22   chapter concerning a confinement feeding operation in
23   which the person has an interest, is pending, as
24   provided in section 455B.202.
25     b.  The department shall not issue a permit to a
26   person under this section for five years after the
27   date of the last violation committed by a person or
28   confinement feeding operation in which the person
29   holds a controlling interest during which the person
30   or operation was classified as a habitual violator
31   under section 455B.191.
32     Sec. 27.  NEW SECTION.  455B.200B  CONFINEMENT
33   FEEDING OPERATIONS - SPECIAL TERMS.
34     For purposes of this part, all of the following
35   shall apply:
36     1.  Two or more confinement feeding operations are
37   adjacent if any of the following apply:
38     a.  All of the following apply:

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 14 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01519.html
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