R 324.1212 Appeals to the director of the department of environmental quality.

Rule 1212. (1) An owner or producer may file an appeal to the director of the department of environmental quality pursuant to section 61503 of the act. The appeal shall be in writing and filed with the director of the department of environmental quality. The appeal shall set forth the basis for the filing of an appeal. (2) An appeal from an order of the supervisor that is issued after a hearing shall be an appeal on the record. The appealing party shall order and file a transcript of the proceeding before the supervisor. The supervisor shall prepare and file the record of the proceeding. (3) Upon receipt of an appeal from an order of the supervisor, the director of the department of environmental quality shall set a schedule for the filing of briefs on appeal. Oral argument, if requested, shall be scheduled after the filing of briefs. A prehearing conference may be scheduled for the purpose of establishing a schedule for the appeal. (4) The producer or owner appealing an order, action, or inaction of the supervisor shall file a petition of appeal to the director of the department of environmental quality. The petition and notice requirements are the same requirements for petitions for a hearing before the supervisor pursuant to R 324.1201 through R 324.1204. (5) An appeal to the director of the department of environmental quality shall be filed within 28 days of the order, action, inaction, or procedure as provided in section 61503(2) of the act.