2006 Kansas Code - 65-3008a

      65-3008a.   Same; public comment and hearing. (a) No permit shall be issued, modified, renewed or reopened without first providing the public an opportunity to comment and request a public hearing on the proposed permit action. The request for a public hearing on the issuance of a permit shall set forth the basis for the request and a public hearing shall be held if, in the judgment of the secretary, there is sufficient reason.

      (b)   The secretary shall affirm, modify or reverse the decision on such permit after the public comment period or public hearing. Any person, other than the applicant for or holder of the permit, who participated in the public comment process or the public hearing shall have standing to obtain judicial review of the secretary's final action on the permit pursuant to the act for judicial review and civil enforcement of agency actions and shall not be required to have exhausted administrative remedies in order to be entitled to review. The record before the court shall consist of the documentation relied upon by the secretary in making the final permit decision, including the permit application and any addenda or amendments thereto, the permit summary, the draft permit, all written comments properly submitted to the secretary, all testimony presented at any public hearing held on the permit application, the secretary's response to the public comments and testimony and the final permit.

      (c)   When determined appropriate by the secretary, the procedures set out above may be required prior to the issuance, modification, renewal or reopening of an approval.

      History:   L. 1993, ch. 13, § 6; March 25.