| (a) A denial of a new technology variance application
may be appealed to the director of compliance, or his designee, within
30 calendar days from notification of the department's decision.
(b) The appeal to the director of compliance, or his
designee, must be submitted in writing along with payment of the applicable
appeal fee under §74.80. Supporting documentation such as the
variance application and all documentation filed to support the application
may be submitted for consideration.
(c) When a variance review determination has been made
by the director of compliance, or his designee, the applicant will
be advised in writing of the determination.
(d) A denial of a new technology variance application
from the director of compliance, or his designee, may be appealed
to the executive director, or his designee, within 30 calendar days
of notification of the director of compliance's decision.
(e) The appeal to the executive director must be submitted
in writing. Supporting documentation such as the variance application
and all documentation filed to support the application may be submitted
for consideration. No additional appeal fees must be submitted.
(f) When a variance review determination has been made
by the executive director, the applicant will be advised in writing
of the determination.
(g) The decision of the executive director regarding
the variance application is final and binding on the applicant.
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