49-471.01. Regulatory bill of rights

A. To ensure fair and open regulation under this article by counties, a person:

1. Is eligible for reimbursement of fees and other expenses if the person substantially prevails by adjudication on the merits against a county in a court proceeding or an administrative appeal brought pursuant to this article.

2. Is entitled to have a county not charge the person a fee unless the fee for the specific activity is expressly authorized as provided in section 49-471.02.

3. Is entitled to receive the information and notice regarding inspections prescribed in section 49-471.03.

4. May review the full text or summary of notices of rule or ordinance making and the summary of substantive policy statements posted on the county's website as provided in sections 49-471.04, 49-471.08, 49-471.09 and 49-471.11.

5. May participate in the rule or ordinance making process as provided in this article, including an opportunity to provide written or oral comments on notices of proposed rule or ordinance making as provided in sections 49-471.06 and 49-471.08, and having a control officer adequately respond to comments as provided in sections 49-471.07 and 49-471.08.

6. May petition the county in writing that an existing county agency practice or substantive policy statement constitutes a rule or ordinance and have that county agency practice or substantive policy statement be declared void because the practice or substantive policy statement constitutes a rule or ordinance as an appealable agency action under section 49-471.15 or as provided in sections 49-471.12 and 49-497.

7. Is entitled to have a control officer not base a permitting decision under this article in whole or in part on conditions or requirements that are not specifically authorized by a provision of this state's law as provided in section 49-471.10, subsection C.

8. Is entitled to have a control officer identify the legal authority for each condition in a permit issued under this article as provided in section 49-471.10, subsection C.

9. Is entitled to have a county not make a rule or ordinance under a general grant of rule or ordinance making authority to supplement a more specific grant of rule or ordinance making authority as provided in section 49-471.10, subsection D.

10. May inspect all rules or ordinances and substantive policy statements of a county, including a directory of documents, in the office of the county control officer as provided in section 49-471.11.

11. May have a control officer approve or deny the person's permit application within a predetermined period of time as provided in section 49-471.13.

12. May have appealable agency actions heard by a hearing board or administrative law judge as provided in section 49-471.15.

13. May have administrative appeal hearings governed by uniform administrative procedures as set forth in section 49-496 for appeals to the hearing board and title 41, chapter 6, article 10 for appeals to an administrative law judge as provided in section 49-471.15.

14. Is entitled to request a control officer to waive overly burdensome permit procedures and requirements for sources that are not required to obtain a title V permit as provided in section 49-480, subsection M.

15. Is entitled to obtain judicial review of decisions by a hearing board, an administrative law judge or a control officer in appropriate cases as provided in sections 49-497, 49-497.01 and 49-497.02.

16. Is entitled, with the county s concurrence, to enter settlement agreements with the county to resolve compliance matters without the need for an order, action in court or allegation or finding of violation as provided in section 49-511.

B. The reference to rights in subsection A of this section does not grant any additional rights that are not prescribed in the other sections of this article.