Informal Review Guidance (18 aac 15. 185)
Decisions subject to the informal
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Снимок экрана 2023—01—15 в 17.16.50
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- Who can request an informal review
Decisions subject to the informal
review process Persons directly and adversely a#ected by DEC decisions may use the informal review process to appeal most DEC sta# decisions provided the decisions are "nal and not preliminary or proposed. An informal review can be requested of any decision that could be appealed under the more formal adjudicatory hearing process, but other decisions can be appealed through the informal review process as well. Examples of the types of decisions for which informal review can be requested include: Permit decisions, such as decisions to issue, deny or modify waste management, waste disposal, wastewater discharge, air emission or pesticide permits; and decisions to certify or deny certi"cation of federal permits. Variance decisions such as decisions to issue short-term variances to water quality standards or to establish site- speci"c water quality standards. Plan review decisions such as decisions to approve or deny plans for public drinking water or sewage systems. Decisions to assess penalties. (A separate process is available to appeal routine fees charged by DEC.) Decisions about agency orders where DEC compels someone to do something or to provide information. Decisions about administrative enforcement actions such as decisions to issue a Notice of Violation. As a general rule, if you have been directly and adversely a#ected by a DEC decision, you can request informal review of that decision. If in doubt as to whether a decision can be appealed through the informal review process, you can ask DEC sta# or the director, or you may just want to submit a request for informal review and let the agency respond. ↑ Who can request an informal review? The regulations de"ne who is "authorized" to request an informal review. You are "authorized" to request an informal review if you are "directly and adversely" a#ected by the decision. Your request must explain how you are "directly and adversely" a#ected. If the decision concerns a DEC permit, approval or other authorization issued to you or your business, chances are you are authorized to request a review. Alternatively, if the decision involves something that you own or use, such as a water body or a parcel of land or the air in your neighborhood, you may be "authorized" to request a review. Organizations that represent the interests of resource users may also be "authorized" to request a review. You are not required to be represented by an attorney. The informal nature of the process allows you to represent yourself if you choose not to have an attorney represent you. Of course, you are welcome to have an attorney represent you if that is your preference. ↑ Download 1 Mb. Do'stlaringiz bilan baham: |
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