Section 24-1103. Powers

1. The board shall have power, and it shall be its duty:
    a. To meet and function at any place within the state;
    b.  To  adopt, promulgate, amend and rescind suitable procedural rules
  with respect to the functioning of the board and  the  setting  of  time
  limits  for  the hearing of appeals, the rendering of decisions thereon,
  and the filing of the determination, decision or order of the board with
  the clerk of the county in which the freshwater wetland is located;
    c. To  hear  appeals  by  any  party  to  any  proceeding  before  the
  commissioner  or  local jurisdiction from all orders or decisions of the
  commissioner or local jurisdiction  issued  or  made  pursuant  to  this
  article,  provided  such  appeals  are  commenced by the filing with the
  board of a notice of appeal within thirty days  after  service  of  such
  order or after notice of such decision given, as the case may be;
    d.  To  review  any  decision  or  order  of the commissioner or local
  government made pursuant to this article upon appeal  therefrom  by  any
  person  or municipal corporation affected thereby, providing such review
  is commenced by the filing with the board of a notice of  review  within
  thirty  days  after  service  of  such  order or notice of such decision
  given, as the case may be;
    e. To receive briefs, and, where the board deems it advisable, to hear
  oral argument with respect to such appeals;
    f. To require the submission  to  it  by  the  commissioner  or  local
  jurisdiction  of  an  original or certified copy of the entire record on
  which any order or decision appealed from is based,  which  record  need
  not be reproduced;
    g.  To  stay  the  effectiveness  of  any  order  or  decision  of the
  commissioner or local  jurisdiction  pending  the  determination  of  an
  appeal in proper cases and on such terms and conditions as the board may
  require.
    2.  The  board  may affirm, remand or reverse any order or decision of
  the commissioner or  local  government  or  remand  the  matter  to  the
  commissioner  or  local  government for further proceedings in whole, or
  with respect to any part thereof, or with respect to any party, provided
  however that the board shall limit its review to whether  the  order  or
  decision of the commissioner or local government is:
    a.  in  conformity with the constitution and the laws of the state and
  the United States;
    b.  within  the  commissioner's  or   local   government's   statutory
  jurisdiction or authority;
    c.  made  in accordance with procedures required by law or established
  by appropriate  rules  or  regulations  of  the  commissioner  or  local
  government;
    d. supported by substantial evidence on the whole record; or
    e.  not  arbitrary, capricious or characterized by abuse or discretion
  or clearly unwarranted exercise of discretion.
    The commissioner or local government shall be bound by the decision of
  the board except to the extent such decision is  reversed  or  otherwise
  modified by a court of competent jurisdiction pursuant to this article.