§ 70-0119 — Public hearings

§ 70-0119. Public hearings.\n 1. After evaluating an application for a permit and any comments of\ndepartment staff, other state agencies or units of government or members\nof the public, the department shall, on or before sixty calendar days\nafter it mails notice to the applicant that the application is complete\nor on or before sixty days after the application is deemed complete\npursuant to the provisions of this article, determine whether or not to\nconduct a public hearing on the application and mail written notice to\nthe applicant of a determination to conduct a public hearing. Such\ndetermination shall be based on whether the evaluation or comments raise\nsubstantive and significant issues relating to any findings or\ndeterminations the department is required to make pursuant to this\nchapter, including the reasonable likelihood that a permit applied for\nwill be denied or can be granted only with major modifications to the\nproject because the project as proposed may not meet statutory or\nregulatory criteria or standards; provided, however, where any comments\nreceived from members of the public or otherwise raise substantive and\nsignificant issues relating to the application and resolution of any\nsuch issue may result in denial of the permit or the imposition of\nsignificant conditions thereon, the department shall hold a public\nhearing on the application.\n 2. If a public hearing is to be held, it shall commence on or before\nninety calendar days after the department mails written notice to the\napplicant that the application is complete or on or before ninety\ncalendar days after the application is deemed complete pursuant to the\nprovisions of this article. Reasonable notice of the hearing shall be\ngiven to the applicant and to persons who have made written request to\nparticipate in it and notice to the public shall be given by publication\nof a notice of hearing in the environmental notice bulletin, in a\nnewspaper as otherwise required by law, and in such other manner as the\ndepartment may direct, if any.\n 3. The department may require an applicant to pay the cost of renting\na hearing room and of preparing a transcript associated with a public\nhearing conducted pursuant to this article. Prior to commencing a public\nhearing pursuant to this article, the department may require an\napplicant to post a bond or other suitable undertaking to assure payment\nof such costs.\n 4. When an applicant has submitted applications for one or more\npermits associated with a project and more than one public hearing is\nrequired, including public hearings pursuant to article eight of this\nchapter, said public hearings shall be consolidated into a single public\nhearing at the request of the applicant wherever practicable. Public\nhearings associated with a project shall also be consolidated or held\njointly with one or more other state or local agencies, whenever\npracticable.\n 5. Public hearings pursuant to this article shall be conducted as\nprovided in rules and regulations adopted by the department pursuant to\nsection 70-0107 and as provided in the state administrative procedure\nact.\n