S0198B0081A00915 SMW:MAC 06/09/23 #90 A00915
AMENDMENTS TO SENATE BILL NO. 198
Sponsor: SENATOR BARTOLOTTA
Printer's No. 81
Amend Bill, page 2, lines 1 through 10, by striking out "A
decision justification document" in line 1 and all of lines 2
through 10 and inserting
The document issued by the department to an applicant which
conveys the department's approval or denial of a permit
application, along with any and all documents or other evidence
issued, created or relied upon by the department in its
consideration of the application, including, but not limited to,
correspondence to or from an applicant, any administrative
completeness determination, any technical deficiency letter or
written response thereto , any records or documents submitted to
the department regarding the application, any public comment on
the application and any written response by the department or
the applicant regarding public comment on a permit application,
other State agency written comment to a permit application and
written response by the department or permit applicant.
Amend Bill, page 2, line 22, by striking out "standard for"
Amend Bill, page 2, lines 23 through 26, by striking out "The
moving party must prove" in line 23 and all of lines 24 through
26 and inserting
No party shall be permitted to present new evidence before
the board that was not part of the record of decision as
considered by the department. Any party challenging the decision
of the department before the board must demonstrate, by a
preponderance of the evidence, that the department committed an
abuse of its discretion in denying or granting the permit
application being appealed.
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