Kentucky Statutes 77.265 – Hearing on revocation or modification of variance — Notice
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(1) The hearing board may revoke or modify by written order, after a public hearing held upon not less than ten (10) days’ notice, any order permitting a variance.
(2) The hearing board shall serve, by personal service or by certified mail, return receipt requested, notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than ten (10) days prior to such hearing upon the air pollution control officer, upon all persons who will be subjected to greater restrictions if such order is revoked or modified as proposed and upon all other persons interested or likely to be affected who have filed with the hearing board or air pollution control officer a written request for such notification.
(3) If either the identity or address of any person entitled to such notice is unknown, the hearing board shall serve such person by publication of notice once in a newspaper of general circulation published within the district if such newspaper is published therein, otherwise by posting at a public place at the county seat within the district.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 114, sec. 10, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 315, sec. 6. — Created 1952 Ky. Acts ch. 53, sec. 68, effective
March 14, 1952.
(2) The hearing board shall serve, by personal service or by certified mail, return receipt requested, notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than ten (10) days prior to such hearing upon the air pollution control officer, upon all persons who will be subjected to greater restrictions if such order is revoked or modified as proposed and upon all other persons interested or likely to be affected who have filed with the hearing board or air pollution control officer a written request for such notification.
Terms Used In Kentucky Statutes 77.265
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - District: means an air pollution control district. See Kentucky Statutes 77.005
- Person: means any individual, firm, copartnership, joint adventure, association, corporation, social club, fraternal organization, estate, trust, receiver, syndicate, any county, city, municipality, district (for air pollution control or otherwise), or other political subdivision, or any group or combination acting as a unit, and the plural as well as the singular unit. See Kentucky Statutes 77.005
(3) If either the identity or address of any person entitled to such notice is unknown, the hearing board shall serve such person by publication of notice once in a newspaper of general circulation published within the district if such newspaper is published therein, otherwise by posting at a public place at the county seat within the district.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 114, sec. 10, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 315, sec. 6. — Created 1952 Ky. Acts ch. 53, sec. 68, effective
March 14, 1952.