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RULE §79.20Requests for Public Meeting on Permit Application

(a) If at least 25 eligible persons make a timely written request, the Department shall hold a public meeting on an application prior to the issuance of a permit.

(b) Those eligible to request a public meeting on an application include all persons who reside or own property within the boundaries of the weather modification operational area, as defined in the application.

(c) A request for a public meeting must include:

  (1) the signature, full name, mailing address, phone number, and physical address and county of the residence or property located in the proposed operational area of each person requesting a public meeting; and

  (2) a statement that each person requesting a public meeting resides or owns property within the proposed operational area.

(d) To be considered timely, a person's request for a public meeting must be mailed to the Department and post-marked within 30 days after the date of the first publication of the notice of intention in the newspaper, which publishes the latest notice of intention in accordance with §79.17(g). The Department, for good cause, may extend the time allowed for filing a request for a public meeting.

(e) Upon determining that proper requests for a public meeting from at least 25 persons have been filed, the Department will schedule a public meeting within the area where the operation is to be conducted.

(f) Notice stating the time, place, subject, and legal authority of the public meeting shall be provided at least 20 days prior to the public meeting, as follows.

  (1) The Department shall give notice by first-class mail to the applicant and to each person who has filed a proper request for a public meeting.

  (2) The applicant must publish notice of the public meeting (at the applicant's cost) at least once in a newspaper of general circulation in each county that includes any part of the operational or target areas.

Source Note: The provisions of this §79.20 adopted to be effective December 30, 2001, 26 TexReg 10525; amended to be effective August 14, 2002, 27 TexReg 7104; amended to be effective July 13, 2004, 29 TexReg 6641

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