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RULE §90.16Public Notice, Comment, and Hearing

(a) Applicants for participation in innovative programs shall follow the requirements under subsections (b) and (c) of this section, unless the applicant is only requesting additional incentives under this chapter.

(b) If an applicant for incentives under this chapter requests an exemption from a statute or commission rule, the applicant shall comply with all public notice, comment, and hearing requirements associated with the statute or commission rule for which the applicant is seeking an exemption, except as provided in subsection (c) of this section.

(c) If the specific innovative program or statute or commission rule for which an applicant is seeking an exemption does not require public notice or an opportunity for comment, the following requirements shall apply.

  (1) The applicant shall publish notice of the application at least once in a newspaper of general circulation in the county where the facility or site requesting incentives is located or proposed to be located. The notice shall be published within 30 days after the application is determined to be administratively complete. Notice under this section shall not be published in a font size smaller than that normally used in the newspaper's classified advertising section.

  (2) The executive director shall accept public comment for 30 days after the last publication of the notice of application.

(d) Notice under this section shall include, at a minimum:

  (1) a brief description of the proposal and of the business conducted at the facility or activity described in the application;

  (2) a brief description of the incentive(s) or regulatory flexibility requested;

  (3) the name and address of the applicant and, if different, the location of the facility for which incentives or regulatory flexibility under this chapter are sought;

  (4) the name and address of the agency;

  (5) the name, address, and telephone number of an agency contact person from whom interested persons may obtain further information;

  (6) a brief description of the public comment procedures and the time and place of any public meeting or public hearing; and

  (7) the date by which comments or requests for hearing must be received by the executive director.

Source Note: The provisions of this §90.16 adopted to be effective July 19, 2012, 37 TexReg 5310

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