(a) Persons entitled to hearing. Any person whose application for a permit under this chapter is denied, any person whose application for a permit is issued subject to conditions the applicant finds unacceptable, any person whose permit is revoked or suspended, and any person against whom a penalty is assessed pursuant to this chapter (each of whom are referred to in this chapter as aggrieved person) is entitled to a hearing in superior court in the nature of certiorari pursuant to this section.
(b) Demand for hearing.
(1) The aggrieved person shall exercise such right to a hearing by making a written demand in superior court for a writ of certiorari for a hearing in accordance with this subsection. A copy of the petition must be forwarded to the director.
(2) Any person making a demand or petition shall file its petition demand to the director within 30 days of:
a. The date of the contested permit;
b. The date of the notice of denial of a permit application;
c. The date of the notice of a revocation or suspension of an issued permit; or
d. The date a penalty was assessed, as the case may be.
(c) Contents of demand. The written demand or petition must identify separately and with particularity:
(1) The aggrieved person;
(2) The specific permit provisions or conditions or other issues contested or to be considered; and
(3) The reasons for the objection.
(d) Judicial review. Any person against whom a final order or decision of the director is made, pursuant to the hearing conducted under this section, may seek judicial review of the order or decision by filing a written petition within 30 days after the date of notice of the order or decision, but not thereafter, with the superior court of the county by means of a writ in the nature of certiorari. If not previously requested, such person shall request in writing that a transcript be prepared for every part of the hearing that was recorded. Such request shall be made at or before the time that the petition is filed. A copy of the petition shall be served on the county in the manner required by law. Within 30 days after service of a copy of the petition upon the county or such other time as may be ordered by the court, the county shall prepare and transmit to the court the original or a certified copy of the official record of the hearing as set forth in this section. The official record of the hearing shall consist of all notices, motions and other similar documents; all documentary and tangible evidence tendered at the hearing; and the final order or decision. A transcript of each part of the hearing that was recorded shall be included in the official record as an exhibit, if available at the time the remaining portion of the official record is transmitted to the court. If the transcript is not available at that time, it shall be transmitted to the court as soon as reasonably possible after the transcript has been prepared. If testimony is taken and not recorded, a narrative summary of any testimony taken shall be prepared and transmitted to the court as an exhibit to the official record.
(e) Request for review of decision. A person is entitled to a review of decision. Any person whose application for a permit under this chapter is denied, any person whose application for a permit is issued subject to conditions with the applicant deemed unacceptable, any person whose permit is revoked or suspended and any permit against whom a penalty is assessed pursuant to section 24-5 may seek a review of the decision pursuant to this section.
(1) A request for a review of this decision of the director must be made within 30 days of the action of the director for which review is sought. The request for review must set out such additional and further information as the applicant for review deems appropriate or necessary.
(2) The director shall complete his review within 45 days of receipt of written request for review. The request for review and any response from the director in response to the request for review may become part of the record in any hearing of the director's decision.
(3) The time required in subsection (d) of this section for a hearing of a final order or decision of the director is told upon the filing of a request for review until such time as a written decision issued by the director on the demand for review.
(Amend. of 11-3-2003)