§ 104-1-6. Reconsideration; judicial review.

(1)

Any person aggrieved by a decision of the Director has the right to petition the Director for reconsideration of the decision, provided such request is made in writing within ten (10) days of the date of the Director's written decision. This reconsideration procedure is not applicable where an emergency situation exists, as determined by the Director, which would require immediate and necessary action under this Chapter. A petitioner under this reconsideration procedure must demonstrate to the Director's satisfaction a clear and direct interest in the decision. If requested by the petitioner, the Director shall seek the recommendations of the Erosion and Sediment Control Review Board, as established in Article 3 of this Chapter, although such recommendations would be advisory in nature only. If a timely reconsideration is filed by a petitioner with a clear and direct interest, the final decision of the Director shall be the written decision on the reconsideration.

(2)

Final decisions of the Director under this Chapter shall be subject to review by the circuit court, provided an appeal is filed within thirty (30) days from the date of the final written decision which adversely affects the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities. (5-82-104; 12-00-104.)