The applicant may appeal a determination under § 45-6B-33.6 to the board by filing a petition for a contested case hearing pursuant to board rules promulgated pursuant to chapter 1-26 within seven days of receipt of the determination. The hearing on the appeal shall be confined to the determination of the land as special, exceptional, critical, or unique and whether an environmental impact statement and socioeconomic impact study will be required. Issues concerning the reclamation requirements to be imposed upon such lands may not be heard at the hearing. Notice of an appeal and the hearing date shall be published pursuant to the publication requirements of § 45-6B-30, and interested persons may intervene by filing a petition to intervene pursuant to the provisions of the board rules at least three days before the hearing date.

Terms Used In South Dakota Codified Laws 45-6B-33.7

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Source: SL 1989, ch 381, § 7; SL 1993, ch 256, § 40.

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