Opportunity for Public Hearing

Section 252 Section 252.205  Opportunity for Public Hearing a)         A public hearing shall be held on any action subject to this Part when applicable law or rule provides the applicant opportunity for a hearing and the applicant makes a written request for a hearing. b)         The Director of the Agency or his/her designee shall order that a hearing be held on a permit application subject to this Part when the Agency has determined that a hearing would serve the interests of the public or of the Agency.  In making this determination, the Agency shall consider: 1)         The level of public interest as indicated by the inquiries and comments received by the Agency on the draft permit; 2)         The opportunity to increase public understanding of the project and of the Agency's proposed decision by means of public hearing; 3)         Receipt by the Agency of a written request for a hearing citing material issues with respect to the terms and conditions of the draft permit from: A)        A significant number of persons, to be determined by the Director of the Agency, either individually or in a petition; B)        A member of the General Assembly representing the district in which the source is located; or C)        A chief executive officer from a county or municipality in which the source is located as described in Section 252.201(b)(3).