Section 70. Filing of objections; scheduling of hearing

A. If an objection is filed by any person notified under 4VAC25-101-20 or as provided in 4VAC25-101-160 and 4VAC25-101-180 the chief shall:

1. Notify the applicant of the source and nature of the objection; and

2. Schedule a hearing for not less than 20 nor more than 30 days after the date on which the application for a permit or plan was filed. The applicant and person to whom notice was required to be sent shall be given at least 10 days written notice prior to the date of the hearing.

B. At the hearing, the chief shall consider (i) any evidence presented by the applicant; (ii) any evidence presented by the person filing an objection; and (iii) such other evidence that the department may possess.

C. Within 30 days of the hearing the chief shall issue his decision. All parties to the hearing shall receive, by certified mail, a written summary of the chief's decision.

1. If the chief disapproves of the location for the hole or plan, the written summary shall state the reasons for disapproval of the location.

2. If the chief approves of the location of the hole or plan, a permit shall be issued or the plan approved.

Historical Notes

Derived from Volume 17, Issue 20, eff. July 18, 2001.

Statutory Authority

§§ 45.1-161.3, 45.1-161.106, 45.1-161.121, 45.1-161.254 and 45.1-161.292 of the Code of Virginia.