Public Hearings on Variance, Variance Schedules, Exemptions and Exemption Schedules

PURPOSE: This rule establishes requirements for public hearings on variances, exemptions, variance schedules and exemption schedules. (1) Hearing Required. Before a variance, variance schedule, exemption or exemption schedule proposed by the department as required by 10 CSR 60-6.010 and 10 CSR 60-6.020 may take effect, the department shall provide notice and opportunity for public hearing on the variance, variance schedule, exemption or exemption schedule. Any hearing held pursuant to this section shall be held in an area where distribution is made by the supplier of water requesting a variance or exemption. A notice given pursuant to this section may cover the granting of more than one (1) variance, variance schedule, exemption or exemption schedule. A hearing held pursuant to the notice shall include each of the variances, variance schedules, exemptions or exemption schedules covered by the notice. The notice shall include a summary of the proposed variance, variance schedule, exemption or exemption schedule as specified in the notice and that they also may request a public hearing on the proposed variance, variance schedule, exemption or exemption schedule. (2) Notice of Hearing Required. Public notice of an opportunity for hearing on a variance, variance schedule, exemption or exemption schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance, variance schedule, exemption or exemption schedule and shall include at least the following: (A) Posting of a notice in the principal post office of each community or area served by the public water system and publication of a notice in a newspaper(s) of general circulation in the area served by the public water system; and (B) Mailing of a notice to other appropriate state or local agencies at the department’s discretion. (3) Submission of Request. Requests for hearing may be submitted by any interested person. Frivolous or insubstantial requests for hearing may be denied by the department. Requests must be submitted to the department within thirty (30) days after issuance of the public notices provided for in this rule. These requests shall include the following information: (A) The name, address and telephone number of the individual, organization or other entity requesting a hearing; (B) A brief statement of the interest of the person making the request in the proposed variance, variance schedule, exemption or exemption schedule and of information that the requesting person intends to submit at the hearing; and (C) The signature of a responsible official of the organization or other entity. (4) Conditions of Notice. The department shall give notice in the manner set forth in this rule of any hearing to be held pursuant to a request submitted by an interested person called upon motion of the department. Notice of the hearing shall also be sent to the persons requesting the hearing, if any. Notice of the hearing shall include a statement of the purpose of the hearing, information regarding the time and location for the hearing and the address and telephone number of any office at which interested persons may obtain further information concerning the hearing. Notice shall be given not less than fifteen (15) days prior to the time scheduled for the hearing. (5) Character of the Hearing. A hearing convened pursuant to section (1) shall not be deemed to be a contested case hearing within the meaning of section 536.010(2), RSMo. The hearing shall be conducted by the director or a hearing officer designated by the director. The hearing shall be conducted in an informal, orderly and expeditious manner. The hearing officer shall have authority to call witnesses, receive oral and written testimony and take other action as may be necessary to assure the fair and efficient conduct of the hearing. (6) Exception to Hearing Provision. The department may provide that the variance, variance schedule, exemption or exemption schedule shall become effective thirty (30) days after notice of opportunity for hearing is given as required by this rule, or if no timely request for a hearing is submitted, and the department does not determine to hold a public hearing. (7) Final Disposition. Within sixty (60) days after the termination of any public hearing held as required by this rule, the department shall take into consideration information obtained during the hearing and other relevant information and confirm, revise or rescind the proposed variance, variance schedule, exemption or exemption schedule as necessary. AUTHORITY: section 640.120, RSMo Supp. 1989.* Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. *Original authority: 64.120, RSMo 1978, amended 1989.