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17.38.264    APPEAL OF A VARIANCE OR EXEMPTION TO THE BOARD

(1) When the department decides to grant, deny, modify or revoke a variance or exemption, a person aggrieved by the department's decision may appeal the department's decision to the board if the person aggrieved files a petition under oath with the board within 15 days after the department renders its decision. The petition of appeal must contain the following information:

(a) the name and address of the petitioner;

(b) the reasons why an appeal is sought; and

(c) if the appeal is from the grant or modification of a variance, exemption or compliance plan, the provisions of the variance, exemption or compliance plan which the petitioner wants reviewed by the board.

(2) For the purposes of this rule, "a person aggrieved by the department's decision" means the applicant for a variance or exemption, or a person who is served by the public water supply system which was the subject of the department's decision.

History: 75-6-103, MCA; IMP, 75-6-103, 75-6-107, MCA; NEW, 1982 MAR p. 595, Eff. 3/26/82; TRANS, from DHES, 1996 MAR p. 1499.

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