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<br />members of the committee shall draw lots to determine which four shall hold office for a period of three
<br />years, which three shall hold office for a period of two years, and which three shall hold office for a
<br />period of one year. Thereafter, appointed members to the committee shall hold office for a period of
<br />three years. Any six members of the committee shall constitute a quorum.
<br />(2) (a) When any person shall file a verified complaint alleging damages as a result of an operation
<br />or that an operation is being conducted in violation of the requirements of a permit or in violation of
<br />this article, the director shall either convene the advisory committee, which shall investigate the com-
<br />plaint and shall conduct a hearing or he may appoint a hearing officer pursuant to section 36-20-108
<br />(3) (b). Thereafter a decision shall be issued in accordance with article 4 of title 24. eR.S. 1973. Such
<br />decision shall not include any determination as to the amount of damages, if any.
<br />(b) The record of the hearing, including all evidence, exhibits, and other papers presented or con-
<br />sidered, together with all findings of fact and conclusions of law, shall be available to any party in interest
<br />for use in any action for judicial review or a trial for damages, subject to applicable rules of evidence.
<br />(3) Members of the advisory committee shall not be paid for their seNices but they may be reimbursed
<br />for any actual and necessary expenses they incur in the performance of their duties.
<br />
<br />Source: R&RE, L. 72, p. 634, 9 1; eR.S. 1963, 9 151-1-6.
<br />
<br />36-20-107. Duties of the director. (1) The director shall establish rules and regulations, in accordance
<br />with article 4 of title 24, eR.5. 1973, necessary to effectuate the purposes of this article and shall consult
<br />with the advisory committee with respect thereto.
<br />(2) (a) The director shall establish qualifications, procedures, and conditions for the issuance of licenses
<br />for the purpose of conducting weather modification activities within the state. Such qualifications, pro-
<br />cedures, and conditions shall be developed in consultation with the advisory committee appointed pur-
<br />suant to section 36-20-106.
<br />(b) The qualifications so established shall insure that the licensee demonstrates knowledge, skill, and
<br />experience reasonably necessary to accomplish weather modification without actionable injury to person
<br />or property, but the licensee shall be limited in the exercise of such license to the method of weather
<br />modification within his area of expertise. At a minimum each such applicant shall meet requirements
<br />at least as stringent as one or more of the following:
<br />(I) Demonstrates that he has at least eight years experience at the professional level in weather modifica-
<br />tion field research or operations, at least three of those years as a project director; or
<br />(II) Has obtained a baccalaureate degree in engineering, mathematics, or the physical sciences plus
<br />three years' experience in weather modification field research or operations; or
<br />(III) Has obtained a baccalaureate degree in meteorology, or a degree in engineering or the physical
<br />sciences which includes, or is in addition to, the equivalent of at least twenty-five semester hours of
<br />meteorological course work and two years' practical experience in weather modification operations or
<br />research.
<br />
<br />Source: R&RE, L. 72, p. 635, 9 1; eR.5. 1%3, 9 151":1-7; L. 73. p. 1535, 9 2.
<br />
<br />36-20-108. Powers of the director. (1) The director may issue permits applicable to specific weather
<br />modification operations. For each operation, said permit shall describe the specific geographic area author-
<br />ized to be affected and shall provide a specific time period during which the operation may continue,
<br />which period may be discontinuous but may not have a toterl duration exceeding one calendar year from
<br />the day of its issuance. A separate permit shall be required for each operation. The director shall issue
<br />a permit only after it is established that the project is conceived to provide economic benefits or that
<br />it will advance or enhance scientific knowledge. The director shall issue only one active permit for acti-
<br />vities in any geographic area where two or more projects therein might adversely interfere with each
<br />other. The director shall ask the advisory committee to review each request for a permit and offer him
<br />its advice on issuance.
<br />(2) The director shall, by regulation or order, establish instructions to govern the carrying out of research
<br />and development of commercial operations in weather mod ification that he considers necessary or desi rable
<br />to minimize danger to land, health, safety, people, property, or the environment.
<br />(3) (a) The director may make any studies or investigations, obtain any information, and hold any
<br />hearings he considers necessary or proper to assist him in exercising his power or administering or enforc-
<br />ing this article or any regulations or orders issued under this article.
<br />(b) All hearings conducted under this article shall be conducted pursuant to the provisions of this article
<br />and article 4 of title 24. eR.S. 1973. and the director may, by his own action, or at the request of the
<br />advisory committee, appoint a hearing officer to conduct any hearing required by this article; said hearing
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