MARVIN MANDEL, Governor 461
AND CIRCUMSTANCES. THE COMPLAINT
SHALL BE FILED WITH THE CHIEF
EXECUTIVE OFFICER OF THE UNIT TO
WHICH THE APPLICATION FOR REVIEW IS
MADE OR, IF THERE IS NO CHIEF
EXECUTIVE OFFICER, WITH ANY MEMBER OF
THE UNIT'S GOVERNING BODY. IF THE
INDIVIDUAL RESPONSIBLE FOR THE
DECISION IS THE CHIEF EXECUTIVE
OFFICER OF THE UNIT, IT IS NOT
NECESSARY TO FOLLOW THE PROCEDURES
PRESCRIBED IN THIS PARAGRAPH.
RECEIPT OF THE COMPLAINT SHALL BE
PROMPTLY ACKNOWLEDGED IN WRITING AND
A COPY TRANSMITTED TO THE SECRETARY.
THE UNIT SHALL INVESTIGATE THE
COMPLAINT. SUBJECT TO EXTENSIONS OF
TIME ON WHICH THE PARTIES AGREE, A
DECISION SHALL BE RENDERED IN WRITING
AND A COPY SENT TO THE COMPLAINANT
WITHIN 30 DAYS OF THE FILING OF THE
COMPLAINT. A RECORD SHALL BE KEPT OF
ALL COMPLAINTS AND THEIR DISPOSITION.
THE RECORD SHALL BE OPEN TO PUBLIC
INSPECTION DURING REGULAR BUSINESS
HOURS.
(2) A PARTY AGGRIEVED BY AN ADVERSE
DECISION, ACTION, OR FAILURE TO TAKE
ACTION WITHIN THE TIME PRESCRIBED BY
THIS SECTION MAY FILE AN APPEAL TO
THE BOARD OF REVIEW OF THE DEPARTMENT
OF NATURAL RESOURCES. THE BOARD
SHALL ADOPT PROCEDURES AS PROVIDED IN
THE ADMINISTRATIVE PROCEDURE ACT,
AND SHALL IN ALL RESPECTS BE GOVERNED
BY THE PROVISIONS OF THAT ACT. AT
LEAST FIVE MEMBERS SHALL SIT AT ANY
HEARING OF THE BOARD, CONSTITUTED AS
A BOARD OF APPEAL. MINUTES OF ITS
PROCEEDINGS SHALL BE KEPT. THE
CHAIRMAN, OR ACTING CHAIRMAN, SHALL
HAVE THE POWER TO ADMINISTER OATHS
AND COMPEL THE ATTENDANCE OF
WITNESSES. DECISIONS SHALL BE BY A
MAJORITY OF THE MEMBERS SITTING,
SHALL BE IN WRITING, AND SHALL STATE
THE BOARD'S REASONS. THE DECISION OF
THE BOARD SHALL BE THE FINAL UNIT
DECISION FOR PURPOSES OF JUDICIAL
REVIEW UNDER THE ADMINISTRATIVE
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