Commencement of Action shall be as follows:
(a) Any person aggrieved by an order or final action of the Department may appeal to the Council within 30 days.
(b) Any person, or his representative, may make a request to the Department, in writing, for a hearing. An Appeal Request Form will be provided by the Department upon request.
(c) The request shall contain at least: - (i) Name and address of Complainant;
- (ii) Telephone contact number for Complainant;
- (iii) Name of attorney or person who will be representing Complainant on the appeal before the Council;
- (iv) Name and address of facility or installation involved, and:
- (v) Issue for appeal, which must fall into at least one of the following categories, along with the attached materials specified below:
- 1. Determine suitability of alternate materials or types of construction: If the appeal concerns a determination, attach separate sheet(s) clearly detailing the specific materials to be used or methods used to achieve suitability of alternate materials or types of construction, including all test data, etc., necessary to substantiate the submittal, or;
- 2. Interpretation or variance of rules and regulations: If the appeal concerns an interpretation of or variance from the rules and regulations of the Council, attach separate sheet(s) detailing the section(s) of the rules and regulations for which the applicant is requesting the interpretation or variance along with any documentation substantiating or supporting the reasons and rationale for the request.
(d) The packet will be immediately forwarded to each Council member.
(e) The Council shall hold the requested hearing at the next regularly scheduled meeting.
(f) The appeal request shall be filed with the Department at least 5 days prior to the next regularly scheduled meeting.
(g) Upon the request of the Respondent or Complainant, at the discretion of the Council, a hearing may be held at an earlier time.