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§9326
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 807: FOREST FIRE CONTROL
Subchapter 4: REGULATION OF OPEN BURNING
Article 2: OUT-OF-DOOR FIRES
§9331

§9327. Private party burn permit software

The Director of the Bureau of Forestry shall allow a municipality to use burn permit software acquired from a private party to establish a publicly accessible online system to issue a permit to burn pursuant to section 9325 if the issuance of a permit to burn using the private party burn permit software is in accordance with the criteria in section 9321.   [PL 2017, c. 449, §4 (NEW).]
1.  Approval.  The Director of the Bureau of Forestry shall approve private party burn permit software within 10 business days after a vendor or owner of a private party burn permit software system submits a request for review of the software to the director if the software submitted meets the requirements of this section and there are fewer than 2 private party burn permit software programs approved and in use pursuant to this section.  
[PL 2017, c. 449, §4 (NEW).]
2.  Limit on private party burn permit software.  No more than 2 private party burn permit software programs may be approved and in operation in the State.  
[PL 2017, c. 449, §4 (NEW).]
3.  Notification.  If the Director of the Bureau of Forestry does not approve the private party burn permit software that has been submitted for review under subsection 1, the director shall notify the vendor or owner of the private party burn permit software in writing of the reasons why the software has not been approved.  
[PL 2017, c. 449, §4 (NEW).]
4.  Appeal.  A denial of approval of a private party burn permit software system is a final agency action that may be appealed in accordance with Title 5, chapter 375, subchapter 7.  
[PL 2017, c. 449, §4 (NEW).]
5.  Fee.  If a person uses private party burn permit software to apply for a permit to burn, that person may not be charged a fee for the permit.  
[PL 2017, c. 449, §4 (NEW).]
6.  Private party burn permit software charge.  A vendor or owner of a private party burn permit software system may charge a municipality for use of private party burn permit software approved under subsection 1.  
[PL 2021, c. 414, §2 (AMD).]
7.  Application for burn permit not using private party burn permit software.  A person may not be required to apply for a permit to burn using private party burn permit software, but may apply as otherwise provided in this article.  
[PL 2017, c. 449, §4 (NEW).]
8.  Rules.  The Director of the Bureau of Forestry may adopt rules relating to private party burn permit software requirements. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.  
[PL 2017, c. 449, §4 (NEW).]
SECTION HISTORY
PL 2017, c. 449, §4 (NEW). PL 2021, c. 414, §2 (AMD).
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