Sec. 23.1-12. Grant or deny application.

(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.

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