§ 14-250-107 — Review of petition

(a) (1) Upon the filing of the petition in the office of the circuit court for the county, or any one of the counties, where the district is to be located, in whole or in part, the clerk shall prepare a certified copy of the petition and transmit the copy to the department within five (5) days from the date of the filing of the petition. (2) Upon receipt of the certified copy, the department shall institute an investigation of the proposed district, its territory, and purposes and, within thirty (30) days after receipt of the copy, shall transmit a written report of its findings on the petition to the clerk of the circuit court. (3) The report shall include any pertinent information related to the advisability or inadvisability of establishment of the proposed district. (b) Between thirty (30) and sixty (60) days after the report of the department has been filed in the office of the circuit clerk, the petition shall be presented to the judge of the circuit court of the county, either in term or vacation, and the court shall thereupon enter its order setting a hearing upon the petition and directing the clerk of the court to give notice of the hearing by publication for two (2) consecutive weeks on the website of the county or of the Secretary of State, if available, and in a newspaper or newspapers having a general circulation in each of the entities comprising the proposed district. The notice shall contain: (1) A brief and concise statement describing the purpose of the hearing; (2) A description of the territory to be embraced within the district; (3) A brief and concise statement of the action of the department; and (4) A warning to all persons residing or owning property within the boundaries of the proposed district to appear upon the date and at the time and place of the hearing to show cause, if there is any, why the petition should not be granted.

Legislative History

Amended by Act 2019, No. 1025,§ 11, eff. 7/24/2019. Acts 1983, No. 608, § 4; A.S.A. 1947, § 20-2304.