SECTION 460:2-35-6. Status of the Department order or decision pending review  


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  • (a)   The terms and effect of a permit modification order shall be stayed during the pendency of any administrative review proceeding resulting from that order.
    (b)   The issuance of a permit following Department approval of applications for permit revisions or permit renewals, or the approval of an application for the transfer, assignment, or sale of rights granted under permits, shall be stayed during the pendency of any administrative proceeding resulting from such approval. However, the hearing examiner, pursuant to a request for temporary relief under 460:2-35-8, may, if the requirements of 460:2-35-8(e) are met, dissolve the stay and provide that the Department's approval or any part of it shall be in full force and effect immediately.