Kan. Admin. Regs. § 28-30-206 - Administrative appeal to the board
(a) Any owner of a
water well or borehole or any person whose legal rights, duties, privileges,
immunities, or other legal interests are affected by an order issued by the
district may request an appeal hearing with the board.
(b) The request for hearing shall be filed
with the board within 30 days after service of the order on the owner or owners
of the water well or borehole or any person whose legal rights, duties,
privileges, immunities, or other legal interests are affected by the order. The
request for hearing shall state the basis for requesting a hearing and shall be
accompanied by documentation supporting the request.
(c) During the hearing, the board may take
into consideration any relevant information or data, including information and
data from any person whose legal rights, duties, privileges, immunities, or
other legal interests may be affected by the order.
(d) After consideration of all information
and data presented, the board shall issue one of the following:
(1) An order remanding the case to the
district manager with instructions for additional investigation; or
(2) a final order that contains findings of
fact and conclusions of law.
(e) Within 15 days of the service of a final
order, the owner or owners of the water well or borehole or any person whose
legal rights, duties, privileges, immunities, or other legal interests are
affected may file a written petition for reconsideration to the board. The
petition for reconsideration shall state the basis and contain any facts and
conclusions of law that are in dispute.
(f) The board shall render a written order
denying the petition for reconsideration, granting the petition for
reconsideration and modifying the final order, or granting the petition for
reconsideration and setting the matter for further proceedings. After further
proceedings, the petition for reconsideration may be denied or granted in whole
or in part.
(g) Unless clear and
convincing evidence is presented to the board, the board shall not render a
written order if the order would result in any of the following:
(1) The impairment of an existing groundwater
use;
(2) an adverse effect on
public health, safety, or the environment;
(3) the threat of groundwater contamination;
(4) an adverse effect on the
public interest; or
(5) the
impairment of the board's ability to apply and enforce these regulations or the
management program specified in
K.S.A. 82a-1029, and amendments thereto.
(h) Any owner or owners or any
person whose legal rights, duties, privileges, immunities, or other legal
interests are affected by a final order or order rendered upon reconsideration
may seek judicial review pursuant to the act for judicial review and civil
enforcement of agency actions specified in
K.S.A. 77-601 et seq., and amendment thereto.
(i) Each order issued by the board
shall be mailed to the owner or owners; any person whose legal rights, duties,
privileges, immunities, or other legal interests are affected by the order; and
the department. Service shall be deemed complete upon mailing.
Notes
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