Section 0400-40-13-.09 - HEARINGS(1) Any person actually aggrieved by the decision of the Commissioner to grant or deny a transfer permit may request a hearing before the Board of Water Quality, Oil and Gas by filing a written petition within thirty (30) days of the issuance of the decision. With the exception of an applicant for a transfer permit, any person who has not submitted a written comment under Rule 0400-40-13-.04, indicating how such person will be adversely affected by a water transfer in a manner or to a degree significantly different from the general public, is not an aggrieved party within the meaning of these rules.(2) Any person named in a Commissioner's Order or assessment may request a hearing before the Board of Water Quality, Oil and Gas by filing a written petition within thirty (30) days of the receipt of the order or assessment. The petition shall set forth the grounds and reasons for the appeal. If such a petition is not filed within the thirty (30) days, the violator shall be deemed to have consented to the assessment and it shall become final.(3) Any such hearing will be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, T.C.A. § 4-5-301 et seq.Tenn. Comp. R. & Regs. 0400-40-13-.09
Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.