49-185. Appeals and dispute resolution

A. Under this article, only the denial or rescission of a no further action determination is an appealable agency action as defined in section 41-1092, a contested case as defined in section 41-1001, or an action against a party as defined in section 41-1092.12.

B. In a dispute concerning an issue of geologic, hydrologic, chemical, biological or other scientific interpretation under this article, the applicant may request dispute resolution under this subsection. The applicant and the department shall seek in good faith to resolve the dispute informally. If the dispute cannot be resolved informally within thirty days, the applicant may submit a written statement describing the dispute, the applicant's proposed resolution and any supporting information to the department within twenty days after the end of informal dispute resolution. Within thirty days after receipt of the applicant's written statement, the department shall deliver or mail a written response to the applicant. The applicant's statement and the department's response may then be submitted to a qualified professional other than a professional retained by the applicant or an employee of the department. The department shall maintain a list of qualified professionals who may be selected to perform a review under this subsection. The professional shall review the matter and provide a recommended resolution to the director within thirty days after receipt of the information regarding the dispute. The applicant shall pay the cost of the review. Within forty-five days after receipt of the professional's recommendations, the director shall select the applicant's, the department's or the professional's proposed resolution of the dispute and shall issue a written explanation of the decision. Deadlines under this subsection may be extended by agreement of the parties.

C. Any dispute between an applicant and the department that arises under this article may be resolved as provided in this subsection. Before making any request under this subsection, the applicant and the department shall seek in good faith to resolve the dispute informally. If the dispute cannot be resolved in thirty days, the applicant may submit a written statement describing the dispute and the applicant's proposed resolution of the dispute to the department within thirty days after conclusion of the informal dispute resolution. Within forty-five days after receipt of the applicant's statement, the department shall deliver or mail a written response to the applicant proposing a resolution of the dispute. The applicant may submit a written request for a decision on the dispute by the director. Within twenty days after receipt of the applicant's proposal, the director shall select the applicant's or the department's proposed resolution of the dispute and shall issue a written explanation of the decision. Deadlines under this subsection may be extended by agreement of the parties.

D. A dispute regarding billings by the department for reimbursement of costs pursuant to section 49-179 shall be resolved pursuant to subsection C of this section. Any dispute regarding a billing shall be raised in writing within thirty days after a bill is received. The department shall not require payment of the disputed portion of the bill to invoke dispute resolution. The department shall not terminate an application pursuant to section 49-178 for nonpayment of a disputed portion of a bill while dispute resolution is being conducted until after the director issues a decision.