HB2156 HFA Hott 3-28 #1

CR 3338

Delegates Hott and Linville moved to amend the committee substitute on page 2, line 31, by inserting a new subsection (c) to read as follows:  “(c) If the opening onto a state or county-district road or highway is temporary access for an operation such as timbering, the DOH shall have 30 days from the time of application to approve or deny the requested permit. If no answer to the permit request is given by the DOH within 30 days, then the permit is considered approved. If changes are requested based on the application for the permit, this request for changes may be made only once and the request for changes shall be considered satisfied if all changes from the first request are completed. If the matter concerning the application or request for changes is contested, the DOH has 7 days to respond and, if they do not respond in those 7 days, the original permit request shall be considered approved. If the application for a permit is rejected by the DOH within the timeframe listed in this subsection, the denial must be contested in magistrate court in the county in which the permit was requested within 15 days of the denial.

(1) If the applicant complies with the guidelines above, there will be no application fee charged.

(2) If the applicant requests emergency access or a shorter timeframe than outlined in this subsection, at their discretion, the DOH may require a $500 application fee.

(3) Existing entrances shall not require permitting, but the operator shall provide the DOH District Office with a notice of intent to use the existing entrance a minimum of 48 hr. prior to use.

(4) If the DOH requires a surety for a temporary entrance, that bond shall pertain only to damage caused by the entrance area and must be in the immediate proximity of the temporary entrance.”

And re-lettering the remaining subsection.

Adopted

Rejected