455B.147  Failure--procedure.

1.  If the director fails to take action within sixty days after an application for a variance is made, or if the department fails to enter a final order or determination within sixty days after the final argument in hearing on appeal, the person seeking the action may treat the failure to act as a grant of the requested variance, or of a finding favorable to the respondent in hearing on appeal, as the case may be.

2.  The section shall not apply to an application for a conditional permit for an electrical power generating facility subject to chapter 476A.

Section History: Early form

  [C71, § 136B.17; C73, 75, 77, 79, 81, § 455B.26]

Section History: Recent form

  C83, § 455B.147

  86 Acts, ch 1245, § 1899, 1899B; 93 Acts, ch 137, §6


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