444.600. Permit--investigation, recommendation, hearing, court review.
Permit--investigation, recommendation, hearing, court review.
444.600. 1. All applications for a permit shall be filedwith the director who shall promptly investigate the applicationand make a recommendation to the commission within thirty daysafter the application is received as to whether the permit shouldbe issued or denied. If the director is not satisfied with theinformation supplied by the applicant, he shall recommend denialof the permit. The director shall promptly notify the applicantof this action and at the same time publish a notice of therecommendation in any newspaper with general circulation in thecounties where the land is located, and shall send notice tothose persons registered with the director pursuant to section444.720.
2. If the recommendation of the director is to deny thepermit, a hearing as provided in sections 444.500 to 444.755shall be held by the commission if requested by the applicantwithin thirty days of the date of notice of the recommendation ofthe director.
3. If the recommendation of the director is for issuance ofthe permit, the commission may issue or deny the permit without ahearing provided the matter is passed upon at a public meeting nosooner than thirty days from the date of notice of therecommendation of the director, except that upon petition of anyperson aggrieved by the granting of the permit, a hearing shallbe held as provided in section 444.680.
4. If the commission denies a permit, the applicant maypetition the commission, within thirty days of notice of itsaction, for a hearing. If no petition is filed within the thirtyday period, the decision of the commission is final and theapplicant shall have no right of court review.
5. In any hearing held pursuant to this section the burdenof proof shall be on the applicant for a permit. Any decision ofthe commission made pursuant to a hearing held under this sectionis subject to judicial review as provided in section 444.700.
(L. 1971 S.B. 1 § 13)