455B.278  Permit application procedures.

1.  The commission shall adopt, modify, or repeal rules establishing procedures by which permits required under this part shall be issued, suspended, revoked, modified, or denied. The rules shall include provisions for application, public notice and opportunity for public hearing, and contested cases. Public notice of a decision by the director to issue a permit shall be given in a manner designed to inform persons who may be adversely affected by the permitted project or activity.

2.  Action by the department upon an application for a permit required under this part may be appealed to the commission by the applicant or any affected person within thirty days of the department's action. A hearing before the commission or its designee is a contested case. The hearings and judicial review of decisions of the commission shall be carried out in accordance with chapter 17A. Notwithstanding chapter 17A, petitions for judicial review may be filed in the district court of Polk county or of any county in which the property affected is located. If the commission, the district court, or the supreme court determines that the action of the commission shall be stayed, the petitioner shall file an appropriate bond approved by the court.

Section History: Early form

  [C50, 54, § 455A.23; C58, 62, 66, 71, 73, 75, 77, 79, 81, § 455A.19, 455A.37; 82 Acts, ch 1199, § 32, 96]

Section History: Recent form

  C83, § 455B.278

  83 Acts, ch 136, § 3; 83 Acts, ch 137, § 21

Internal References

  Referred to in § 455B.266


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