§ 151.09 APPEALS BOARD.
   The Appeals Board shall consider and decide upon appeals of any decision, order, or requirement of the Erosion Control Administrator made pursuant to this chapter.
   (A)   The Appeals Board is hereby authorized to be established. Said Appeals Board shall consist of five members. Each County Board Chairperson of the counties adopting this chapter shall appoint one member, the Soil and Water Conservation Districts shall collectively appoint one member, and the Chairperson of the Tri-County Regional Planning Commission shall appoint one member. The members shall be professional engineers, licensed architects, licensed landscape architects, landscape contractors, earthmoving contractors, home builders, or citizens who have extensive experience in control of stormwater and soil erosion. The five members on the first Appeals Board shall draw lots to establish terms of one, two, three, four, and five years, respectively. Thereafter, as terms expire, each appointment shall be for five years.
   (B)   The Chairperson of the Appeals Board shall be elected at the beginning of each calendar year from among the members by a majority of the members.
   (C)   All decisions of the Appeals Board must receive the support of a majority of its members. A majority of the members of the Appeals Board shall constitute a quorum for the transaction of business; and all questions which shall arise at meetings shall be determined by the votes of the majority of members present. The Appeals Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such facts, and shall keep records of its examinations and other official actions. Every rule, and every order, requirement, decision, or determination of the Appeals Board shall immediately be filed in the office of the Board and shall be a public record. The concurring vote of three members of the Appeals Board shall be necessary to reverse any order, requirement, decision, or determination of the Erosion Control Administrator. The Appeals Board shall adopt its own rules of procedure not in conflict with state law or this chapter.
(Prior Code, 8 TCC 3-10)