Arizona Laws 49-480.02. Appeals of permit actions
A. Within thirty days after the control officer gives notice of approval, denial or revocation of a permit, the applicant or any person who submitted comments pursuant to section 49-480, may request an appeal as provided under section 49-482. The decision after that hearing constitutes the final permit action from which judicial review may be taken pursuant to Title 12, Chapter 7, Article 6.
Terms Used In Arizona Laws 49-480.02
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commence: means , as applied to construction of a source:
(a) For purposes other than title IV of the clean air act, that the owner or operator has obtained all necessary preconstruction approval or permits required by federal law and this chapter and has done either of the following:
(i) Begun or caused to begin a continuous program of physical on-site construction of the source to be completed within a reasonable time. See Arizona Laws 49-401.01
- Control officer: means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473. See Arizona Laws 49-471
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Permit: includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 49-471
- Person: includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. See Arizona Laws 49-471
- Plaintiff: The person who files the complaint in a civil lawsuit.
B. Any person who has an interest that is or may be adversely affected may commence a civil action in superior court against the control officer alleging that the control officer has failed to act in a timely manner consistent with the requirements of section 49-480. No action may be commenced before sixty days after the plaintiff has given notice to the control officer of the plaintiff’s intent to file. The court has jurisdiction to require the control officer to act without additional delay.