48-3642. Regulatory bill of rights
To ensure fair and open regulation by districts, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a district in a court proceeding regarding a district decision as provided in section 12-348.
2. Is entitled to receive information and notice regarding inspections as provided in section 48-3643.
3. Is entitled to have a district not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 48-3644.
4. May have a district approve or deny the person's license application within a predetermined period of time as provided in section 48-3645.
5. Is entitled to receive written or electronic notice from a district on denial of a license application that:
(a) Justifies the denial with references to the statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement on which the denial is based as provided in section 48-3645.
(b) Explains the applicant's right to appeal the denial as provided in section 48-3645.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 48-3646.
7. May inspect all ordinances, regulations, rules and substantive policy statements of a district, including a directory of documents, at the office of the district or a district website as provided in section 48-3647.
8. Unless specifically authorized, may expect districts to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 48-3644.
9. May file a complaint with the board of directors concerning an ordinance, rule, regulation or substantive policy statement that fails to comply with this section.
10. As provided in section 48-3644, is entitled to have a district not request or initiate discussions about waiving any of the rights prescribed in this section.
11. May participate in the rule development process as provided in section 48-3609.02, including providing written or verbal comments on proposed rules to the district and having the district address comments as provided in section 48-3609.02.
Section: Previous 48-3623 48-3624 48-3625 48-3626 48-3627 48-3628 48-3641 48-3642 48-3643 48-3644 48-3645 48-3646 48-3647 48-3648 48-3649 NextLast modified: October 13, 2016