__Agency decisions affecting the regulated community can be appealed through an administrative process called the contested case process.  Contested cases are handled through the State Office of Administrative Hearings, and result in a final agency determination by the director of DEQ.  The final agency determination resulting from a contested case, as well as any other final agency determination such as the decision to impose a penalty, can be appealed to circuit court.  There, it is handled by the circuit court trial judge as an appeal on the administrative record.

Like other litigation, these appeals involve the application of legal standards, require knowledge of the underlying statutes and regulations, and follow prescribed procedures.  Often, a contested case will involve the appeal by a permit applicant of DEQ’s denial of the permit sought or the appeal by an objecting neighbor to DEQ’s issuing a permit that the neighbor believes was wrongly granted.