49-471.15. Administrative appeals

A. A person whose legal rights, duties or privileges were determined by an appealable agency action or who will be adversely affected by an appealable agency action and who exercised any right to comment on the action provided by law, rule or ordinance may appeal the action to the air pollution hearing board established pursuant to section 49-478 if the grounds for the appeal are limited to issues raised in that party's comments, except that administrative appeals of decisions to approve, deny or revoke a permit, permit revision or conditional order are governed by sections 49-480.02 and 49-482 and hearings on orders of abatement are governed by section 49-490.

B. A notice of appeal under this section shall be filed with the hearing board within thirty days after the county serves notice of the appealable agency action. The notice of appeal shall identify the party, the party's address, the action being appealed and shall contain a concise statement of the reasons for the appeal. The hearing board shall conduct a public hearing on the appeal within the time prescribed by section 49-482.

C. On the concurrence of the control officer and the appealing party, or if a hearing board is unavailable for any reason, any appeals under this section may be heard before an administrative law judge pursuant to section 41-1092.01, subsection J, and the appeal shall be governed by the procedures prescribed in title 41, chapter 6, article 10 and all associated rules adopted by the office of administrative hearings.

D. Under this section, service of notice of an appealable agency action shall be effected by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice to the party to the action to the party's last address of record with the control officer.