SECTION 310:645-7-2. Written denial format and remedy

(a)   The written denial to establish a Supplemental Emergency Service District, shall state each item or requirement which failed to meet the application or establishment process.

(b)   The applicant or any party may request reconsideration of the Department's decision to issue or deny a Supplemental Emergency Service District. A request for reconsideration must be in writing and must be received by the Department within thirty (30) days after receipt of the denial. A reconsideration hearing may be held by the Department, if a determination for "good cause" is established.

(c)   The applicant or any party aggrieved by the Department's determination may file a petition in a court of competent jurisdiction within thirty (30) days after receipt of the denial.

(d)   Contacts concerning projects before the Commissioner or the Department should be directed to the Department staff. Applicants and other parties shall not attempt to discuss the merits of a particular case with the Commissioner or the hearing officer except during the preliminary conference or public hearing. Any party who attempts to make an improper ex parte communication with the Commissioner or the hearing officer may be disqualified from further participation in the review of the case.