1. An appeal from the issuance, denial, modification, or revocation of a permit issued under chapter 23.1-03, 23.1-04, 23.1-06, 23.1-08, or 61-28 may be made by the person who filed the permit application, or by any person who is aggrieved by the permit application decision, provided that person participated in or provided comments during the hearing process for the permit application, modification, or revocation. An appeal must be taken within thirty days after the final permit application determination is mailed by first-class mail to the permit applicant and to any interested person who has requested a copy of the final permit determination during the permit hearing process. Except as provided in this section, an appeal of the final permit determination is governed by sections 28-32-40, 28-32-42, 28-32-43, 28-32-44, 28-32-46, and 28-32-49. The department may substitute final permit conditions and written responses to public comments for findings of fact and conclusions of law. Except for a violation of chapter 23.1-03, 23.1-04, 23.1-06, 23.1-08, or 61-28 which occurs after the permit is issued, or any permit condition, rule, order, limitation, or other applicable requirement implementing those chapters which occurs after the permit is issued, any challenge to the department's issuance, modification, or revocation of the permit or permit conditions must be made in the permit hearing process and may not be raised on any collateral or subsequent legal proceeding, and the applicant and any aggrieved person may raise on appeal only issues that were raised to the department in the permit hearing process. 2. Notwithstanding subsection 1, the department may adopt any procedures governing appeals it determines are necessary and appropriate to develop, implement, or enforce a federally delegated, authorized, or approved program.
23.1-01-11.1. Environmental compliance background review - Criminal history background checks. 1. As part of an environmental compliance background review, the department may require an applicant for a radioactive materials license under chapter 23.1-03 or a solid waste permit under chapter 23.1-08 to complete a statewide and nationwide criminal history record check as provided in section 12-60-24. The applicant shall submit personal information and fingerprints with the application necessary to complete the statewide and nationwide criminal history record check in the manner provided in subsection 1 of section 12-60-24. All costs associated with the statewide and nationwide criminal history record check are the responsibility of the applicant. 2. For purposes of this section, an "applicant" means the person applying for the license or permit, and includes: a. Each entity as defined in subsection 7 of section 10-01.1-02 that is, or is proposed to be: (1) A partner in a partnership as defined in subsection 19 of section 45-13-01; (2) An entity holding ten percent or more of the applicant's debt; (3) An entity holding ten percent or more of the applicant's equity; or (4) The parent of a corporation as defined in subsection 46 of section 10-19.1-01. b. Each individual who has, or is proposed to have, any of the following relationships with the applicant: (1) A board member as defined in subsection 8 of section 10-19.1-01; (2) A partner in a partnership as defined in subsection 19 of section 45-13-01; (3) An officer as defined in section 10-15-29 or 10-19.1-52; (4) A radiation safety officer as defined in North Dakota Administrative Code subsection 34 of section 33.1-10-01-04; (5) A holder of ten percent or more of the applicant's debt; or (6) A holder of ten percent or more of the applicant's equity.
3. The department may deny an application for the issuance, renewal, transfer, or major modification of a license or permit based on its environmental compliance background review. a. Reasons for denial include: (1) The applicant has intentionally misrepresented or concealed any material fact in a statement required under this section; (2) The applicant has been convicted of a felony or pleaded guilty or nolo contendere to a felony involving the laws of any state or the federal government within five years preceding the application; (3) The applicant has been adjudicated in contempt of an order of any court enforcing the laws of this state or any other state or the federal government within five years preceding the application; or (4) The applicant has repeatedly violated any state or federal environmental protection laws. b. The department also shall consider the relevance of the offense to the business to which the license or permit is issued, the nature and seriousness of the offense, the circumstances under which the offense occurred, the date of the offense, and the ownership and management structure in place at the time of the offense.