South Dakota § 34A-6-1.14 - Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.

§ 34A-6-1.14. Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing.

The board shall promulgate rules pursuant to chapter 1-26 to specify the procedure for permit issuance, amendment, suspension, revocation, and reinstatement. The rules shall address application form and contents; application completeness review; departmental investigation and evaluation of applications; the form, content, and method and timing of publication or other service of the notice of application and departmental recommendation; intervention by interested parties; scheduling and conduct of hearings; prehearing discovery; continuances; and other matters as necessary to effectuate the permitting process. The secretary may recommend approval, denial, or approval with such terms, conditions, or modifications as the secretary deems necessary to comply with §§ 34A-6-1.1 to 34A-6-1.38, inclusive, and to protect the public interest. A notice of application and the recommendation of the secretary shall be published in at least one official newspaper of the county in which the facility is located. A hearing may be held only if a petition requesting a hearing is filed by the secretary, any member of the board, the applicant, or an interested person within thirty days after the publication of the notice and recommendation. If a petition for hearing is not timely filed, the recommendation of the secretary becomes the final decision on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation.

Source: SL 1989, ch 306, § 15; SL 1991, ch 288, § 7; SL 2011, ch 165, § 112.