West Virginia Code 22-3-21 – Decision of secretary on permit application; hearing thereon
(a) If an informal conference has been held, the secretary shall issue and furnish the applicant for a permit and persons who were parties to the informal conference with the written finding granting or denying the permit, in whole or in part, and stating the reasons therefor within sixty days of the informal conference, notwithstanding the requirements of subsection (a), section eighteen of this article.
Terms Used In West Virginia Code 22-3-21
- Applicant: means any person who has or should have applied for any permit pursuant to this article. See West Virginia Code 22-3-3
- Permit: means a permit to conduct surface mining operations pursuant to this article. See West Virginia Code 22-3-3
- Person: means any individual, partnership, firm, society, association, trust, corporation, other business entity or any agency, unit or instrumentality of federal, state or local government. See West Virginia Code 22-3-3
- Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-1-2
(b) If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification. Within thirty days after the applicant is notified of the secretary's decision, the applicant or any person with an interest which is or may be adversely affected may request a hearing before the Surface Mine Board as provided in article one, chapter twenty-two-b of this code to review the secretary's decision.