- (1) Any person actually aggrieved by the decision of the Commissioner to grant or deny a transfer permit may request a hearing before the Board of Water Quality, Oil and Gas by filing a written petition within thirty (30) days of the issuance of the decision. With the exception of an applicant for a transfer permit, any person who has not submitted a written comment under Rule 0400-40-13-.04, indicating how such person will be adversely affected by a water transfer in a manner or to a degree significantly different from the general public, is not an aggrieved party within the meaning of these rules.
- (2) Any person named in a Commissioner’s Order or assessment may request a hearing before the Board of Water Quality, Oil and Gas by filing a written petition within thirty (30) days of the receipt of the order or assessment. The petition shall set forth the grounds and reasons for the appeal. If such a petition is not filed within the thirty (30) days, the violator shall be deemed to have consented to the assessment and it shall become final.
- (3) Any such hearing will be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, T.C.A. § 4-5-301 et seq.
Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq. Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.