Sec 45-1211. Time for filing petition; board of review  


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  • A. The petition for review shall be in writing and shall be filed with the director within ten days after issuance of the approval, disapproval or order of which complaint is made. Upon receipt of the petition, the director shall prepare a list of ten qualified experts. Within ten days the petitioner shall select three individuals from the list who shall then serve as the board of review. The board shall serve at the expense of the petitioners. Within thirty days from its designation, or within such further time as the director allows, the board shall report to the director and he shall forthwith affirm, change or modify the report, and his action shall be final and not subject to further review. No board of review shall be appointed to consider any action taken by the director relative to emergency regulation and control of a dam under section 45-1212 or action taken by the director under section 45-1221.

    B. Pending examination, change or modification by the director, his approval, disapproval or order issued shall remain operative. Operations shall be suspended if an applicant or owner files a petition for a board of review unless the director orders work to proceed because of emergency conditions.