(a) A person aggrieved by an action taken or an order issued under this Chapter may seek reconsideration by filing a written request with the Director within 10 days after the action or order. The request must state the date and nature of the action or order, the remedy requested, and why the Director should grant the request. Within 10 days after receiving the request, the Director must:
(1) issue a written decision on the request for reconsideration if the Director finds no material facts in dispute; or
(2) notify the person in writing of any material facts in dispute and:
(A) establish a deadline of not more than 30 additional days for the Department to resolve the dispute and the Director to issue a written decision on the request for reconsideration; or
(B) refer the matter to a hearing officer under Article I of Chapter 2A.
(b) A request for consideration does not stay the action or order unless the Director grants a stay. The Director’s decision on a request for reconsideration is a final decision.
(c) A person aggrieved by a final decision of the Director under this Chapter may appeal the action or order under Section 2A-11. (1975 L.M.C., ch. 17, § 1; 1993 L.M.C., ch. 20, § 1; , § 1.)
Editor’s note—, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
Former § 3-16, “Appeals,” was repealed, reenacted with amendments, and renumbered § 3-14, pursuant to , § 1. Former § 3-14, “Emergency provisions,” was repealed, reenacted with amendments, and renumbered § 3-12, pursuant to 2002 L.M.C., ch. 6, § 1.
Editor’s note—, § 1, repealed former § 3-15, “Prima facie evidence of unlawful emissions,” which was derived from 1975 L.M.C., ch. 17, § 1.
Editor’s note—Former § 3-16, “Appeals,” was repealed, reenacted with amendments, and renumbered § 3-14, pursuant to , § 1.
Editor’s note—, § 1, repealed former § 3-17, “Violations, penalties and liabilities,” which was derived from 1975 L.M.C., ch. 17, § 1; 1983 L.M.C., ch. 22, § 5.)
