(a) In acting on any application for
a permit, the board shall grant the application upon the concurring favorable vote of
three (3) of its members. The chair of the board, or in the chair's absence the acting
chair, may administer oaths and compel the attendance of witnesses. Any person may testify
at the public hearing. Each witness at the hearing may submit a concise written statement
of his/her testimony. The board shall make a record of the proceedings, which shall
include the application, any written statements of witnesses, a summary of statements of
all witnesses, the findings and decision of the board, and the rationale for the decision.
The board shall make its determination within thirty (30) days from the hearing. If the
board fails to act within such time, the application shall be deemed approved. Within
forty-eight (48) hours of its determination, the board shall notify the applicant and the
commissioner of its determination. If the board fails to make a determination within the
thirty-day period, it shall notify the applicant and the commission that thirty (30) days
have passed and that the application is deemed approved. The term "act"
referenced above shall be the action of taking a vote on the application. If the
application receives less than three (3) affirmative votes, the permit shall be denied.
(b) The board shall transmit a copy of the permit to the commissioner.
If the board's decision is reviewed or appealed, then the board shall transmit the record
of its hearing to the commissioner. Upon a final determination by the commission, the
record shall be returned to the board. The record shall be open for public inspection at
the department of environmental and development services.