Quote:
Originally Posted by jrc
That's how I read the law:
270:12 Operating Restrictions. –
I. The commissioner of safety shall, after receiving a petition signed by 25 or more residents or property owners of each affected town or towns in which a lake, pond or river is located and after notice and hearing, at which it appears that the public interest requires, adopt rules...
"Shall" usually means he can't ignore the petition. He has to schedule the hearing quickly but he is not obligated to have the hearing in any hurry:
Saf-C 409.02 Scheduling of Hearing. The commissioner shall schedule a hearing within a reasonable period of time, but in no event more than 60 days after the date he received the request.
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But the petition must also state the reason and impacts. Again, just applying with signatures does not imply carte blanc approved. You posted the hearing but did not post the criteria so be considered.
Otherwise, why even have the hearing if all you need is the validated signatures?
Look at the DOS compendium and you will see petitions denied over the years. Not just on procedural grounds.
The petitioners must show good reason, not just wish it so. Trust me, shorefront owners would only dream to have it be as easy as collecting signatures.