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<br />TEXT <br /> <br />151-1-20. Hearing required. (1) Except as provided in section <br /> <br />151-1-15, the director may not suspend or revoke a license or pennit <br />without first giving the licensee notice and a reasonable opportunity <br /> <br />to be heard with respect to the grounds for his proposed action. <br />(2) Said hearing shall be conducted by the advisory committee in <br />the manner provided in section 151-1-6 (2). <br /> <br />151-1- 21. <br /> <br />Immunity of state. The state or any of its agencies <br /> <br />or the officers or employees thereof, or any county or l111.IDicipali ty or <br />other public agency of the state, are immune from liability resulting <br />from any weather modification operations approved or conducted by them <br />under the provisions and limitations of this article. <br /> <br />151-1-22. Legal recourse <br /> <br />liability' - ~~ges. <br /> <br />An <br /> <br />(1) <br /> <br />operation conducted 1IDder the license and permit requirements of this <br />article is not an ultrahazardous activity 11hich makes the operators <br /> <br />subject to liability without fault. <br />(2) TIle mere dissemination of materials and substances into the <br /> <br />atmosphere pursuant to an authorized project shall not give rise to <br /> <br />the contention or concept that such use of the atmosphere constitutes <br />trespass or involves an actionub1e or enjoinab1e public 01" private <br /> <br />nuisance. <br /> <br />STAFF COMMENTS <br /> <br />151-1-20. The reference in subsection (2) <br />is to the section empowering the advisory co~~it- <br />tee to sit as a quasi-judicial fact finding body. <br />(See also the explanation on sectiDn 151-1-6, <br />page 5.) <br /> <br />151-1~22. This section attempts to estab- <br />lish a basic state policy governing liability of <br />weather modification activities. Perhaps, the <br />Committee's approach can best be su~~arized by a <br />statement made in The Legal Implications of <br />Atmospheric Water Resources Develooment and Man- <br />agement, Weather Modification Project Law Staff, <br />University of ArizDna, CDllege of Law (1969), <br />page 124. According to that report: <br /> <br />"Weather modifier liabilities have had but <br />scant legislative attention. In the opinion of <br />some persons, the uncertainty of modifiers as to <br />their legal position has inhibited development <br />of the science. There is a new need for statu- <br />tory provisions concerning ,legal liability for <br />