Minn. R. 8415.0120 - APPEALS
Subpart 1.
Appeal of rules.
A. An interested
person may appeal a rule made by the managers of a watershed district by filing
a petition with the board.
B. An
appeal is effective upon submittal of the petition to the executive director
with evidence that a copy of the petition has been served upon the watershed
district.
C. An appeal filed under
this subpart must follow the procedures in subpart
3.
Subp. 2.
Appeal of permit
decisions.
A. The watershed district
must notify the public transportation authority promptly of its permit
decision, but no later than ten days following the decision. A public
transportation authority may appeal a final permit decision of a watershed
district issued to it by filing a petition with the board. The appeal must be
filed within 30 days of the decision by the watershed district managers
pursuant to Minnesota Statutes, section
103D.537.
B. An appeal is effective upon submittal of
the petition to the executive director with evidence that a copy of the
petition has been served upon the watershed district.
C. An appeal filed under this subpart must
follow the procedures in subpart
3 unless the public
transportation authority makes a request in the petition for an expedited
appeal hearing. The procedures in subpart
4 must be followed if an
expedited appeal hearing is requested in the petition.
Subp. 3.
Board appeal
procedures.
A. Within 30 days after
receiving the petition with evidence that the watershed district has been
served with a copy of the petition, the board or its dispute resolution
committee or executive director shall decide whether to grant the petition and
hear the appeal. The board or its executive director shall grant the petition
unless the appeal is deemed meritless, trivial, untimely, or brought solely for
the purposes of delay or it is determined that the petitioner has not exhausted
all local administrative remedies.
B. The board or its executive director may
remand the appealed decision back to the watershed district if the petitioner
has not exhausted all local administrative remedies, such as a public hearing,
or if the watershed district's record is not adequate. If an appeal is
remanded, the watershed district must make a decision within 60 days unless the
remand order, or a subsequent order, specifies a longer period.
C. After granting the petition, the appeal
must be heard by the dispute resolution committee and decided by the board
within 60 days after the filing of the watershed district's record, submittal
of the written briefs for the appeal, and the hearing by the dispute resolution
committee. Parties to the appeal are the appellant and the watershed district.
For appeals of rules, interveners are allowed. For appeals of permit decisions,
interveners are not allowed unless they have been granted intervener status by
the watershed district prior to the final permit decision.
D. Upon appeal, the watershed district shall
forward to the board the record on which it based its decision within 30 days
of the granting of the petition. The board shall make its decision on the
appeal after hearing. Thirty days' notice of the hearing must be given by the
board to the parties. The parties may present written and oral argument. When
the watershed district has made formal findings contemporaneously with its
decision or there is an accurate verbatim transcript of the proceedings and the
proceedings were fairly conducted, the board shall base its review on the
record. Otherwise it may remand the matter.
E. In the case of appeals of watershed
district rules filed under subpart
1, the board shall affirm the
watershed district's decision to adopt the rule if there was a rational basis
to adopt the rule and if no procedural errors prejudicial to a party were
made.
F. In the case of appeals of
watershed district permit decisions filed under subpart
2, the board shall affirm the
watershed district's decision if substantial evidence supports the findings of
fact, if the watershed district correctly applied the law, watershed district
rule and the watershed district's board-approved watershed management plan to
the facts, and if the watershed district made no procedural errors prejudicial
to a party. Otherwise, the board shall reverse the decision, amend it, or
remand it with instructions for further proceedings.
Subp. 4.
Expedited board appeal
procedures.
A. A public transportation
authority that requests an expedited appeal hearing via a petition filed with
the executive director must include a written brief with the petition setting
forth the items in dispute and the reasons for seeking expedited review,
including the consequences of proceeding under subpart
3. A copy of the written
brief must be provided to the watershed district at the same time as the
petition as specified in subpart
2, item B.
B. Interveners are not allowed unless they
have been granted intervener status by the watershed district prior to the
final permit decision.
C. The
watershed district must submit a copy of the record as soon as possible and in
no case later than in conjunction with a written brief to the executive
director and the public transportation authority at least ten days before the
hearing. No further written submittals by the parties are allowed unless
specifically authorized by the board.
D. The board or its dispute resolution
committee shall hold a hearing within 30 days of receiving the petition. The
board shall make a decision within 30 days of the hearing and apply the
standard of review in subpart
3, item F, unless it decides
there is not sufficient basis to grant the request to expedite the appeal in
which case subpart
3 would apply.
Notes
Statutory Authority: MS s 103D.537
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