| (B) a newspaper published in each county in which the proposed facility is located or, in which the proposed facility will be located. The applicant/licensee shall do the following: (i) cause notice of the proposed action to be published and pay for the publication of the newspaper notice(s); and (ii) file proof of publication required in this subparagraph with the agency within 30 days of publication. An affidavit by the publisher accompanied by a printed copy of the notice as published shall be conclusive evidence of publication. (3) The notice referenced in paragraph (2) of this subsection shall contain at least the following: (A) statement identifying the location of the proposed facility and a summary of the proposed actions; (B) availability of an environmental analysis for the proposed facility; and (C) offer of an opportunity for a hearing to any person affected. (4) When a hearing is requested in writing within 30 days after publication of the notice described in paragraph (2) of this subsection, the procedures described in subsection (c)(3) and (4) of this section and Formal Hearing Procedures, §§1.21, 1.23, 1.25, and 1.27 of this title apply. Failure to submit a written request for a hearing in the form specified by subsection (c)(2) of this section within 30 days may result in no hearing being held and the proposed agency action being taken. (5) A hearing may be scheduled by the agency regardless of whether a request for a hearing has been received. (e) Special procedures for issuing or renewing licenses to process or store radioactive waste from other persons in accordance with §289.254 of this title (relating to Licensing of Radioactive Waste Processing and Storage Facilities). (1) At least 30 days prior to issuance or renewal of a license to process or store radioactive waste from other persons, in accordance with §289.254 of this title, a notice of such action will be published in the following: (A) Texas Register; and (B) a newspaper published in each county in which the proposed facility is located or, in which the proposed facility will be located. The applicant/licensee shall do the following: (i) cause notice to be published and pay for the publication of the newspaper notice(s); and (ii) file proof of publication of the notice required in paragraph (1)(B) of this subsection with the agency within 30 days of publication. An affidavit by the publisher accompanied by a printed copy of the notice as published shall be conclusive evidence of publication. (2) The notice specified in paragraph (1) of this subsection shall contain at least the following: (A) the agency's intent to issue or renew a license in accordance with §289.254 of this title; (B) location of the proposed facility; (C) in the case of a Category III storage or processing facility, the availability of an environmental analysis for each proposed activity the agency determines has a significant impact on the human environment; and (D) opportunity for a person affected to request a hearing. (3) A hearing will be held only when requested, unless scheduled by the agency on its own motion. When a hearing is requested in writing by the date stated in the notice described in paragraph (1) of this subsection, the procedures described in subsection (c)(3) and (4) of this section and the Formal Hearing Procedures, §§1.21, 1.23, 1.25, and 1.27 of this title apply. Failure to submit a written request for a hearing in the form prescribed in subsection (c)(2) of this section on or before the stated date could result in denial of party status and in issuance or renewal of the license by the commissioner. (A) Notice of the hearing shall be published in the following: (i) Texas Register; and (ii) a newspaper published in each county in which the proposed facility is located or, in which the proposed facility will be located. (B) Notice of the hearing shall contain the subject, time, date, and location of the hearing. (C) The applicant/licensee shall cause notice to be published and pay for the publication of the newspaper notice(s). (D) The applicant/licensee shall file proof of publication of the notice required in subparagraph (A)(ii) of this paragraph with the agency at least ten days before the hearing. An affidavit by the publisher accompanied by a printed copy of the notice as published shall be conclusive evidence of publication. (E) If no newspaper is published in the county or counties in which the proposed facility is to be located, a written copy of the notice of hearing shall be posted at the courthouse door and five other public places in the immediate locality to be affected for at least 30 days prior to the beginning of the hearing. (F) The return of service by the sheriff or constable, or the affidavit of any credible person made on a written copy of the notice so posted showing the fact of the posting and filed with the agency at least ten days prior to the hearing date shall be conclusive evidence of posting. (G) The applicant/licensee shall give written notice of the hearing by certified mail, addressed to the last known address, to persons shown on the current county tax records as owning property adjacent to the proposed site. The written notice shall contain the same information described in subparagraph (B) of this paragraph. (i) The applicant/licensee shall furnish the agency with a list of names and addresses of the adjacent property owners no later than ten days before the hearing. (ii) The list of names and addresses will be deemed accurate and valid if obtained from the current county tax records of the county where the adjacent property is located as of the mailing date of the notice of hearing. The information shall be certified by an appropriate county official. (iii) The applicant/licensee shall certify to the mailing of the notice of hearing by certified mail, and proof of mailing to the proper address or the receipt shall be accepted at the hearing as conclusive evidence of the fact of the mailing. (H) Failure to comply with the provisions of subparagraphs (A)(ii), (E), and (G) of this paragraph may result in denial of the license. (f) Special procedures for amending waste licenses in accordance with §289.254 of this title. (1) If the agency amends a license to process or store radioactive waste, in accordance with §289.254 of this title, the amendment will take effect immediately. (2) Notice of amendment shall be published one time in the following: (A) Texas Register; (B) a newspaper of general circulation in the county or counties in which the licensed activity is located. The licensee shall file with the agency, within 30 days of publication, proof of publication of the notice. (3) The licensee shall cause notice to be published and pay for publication of the newspaper notice(s). (4) An affidavit from the publisher accompanied by a printed copy of the notice as published shall be conclusive evidence of publication. (5) The notice shall contain the following: (A) identity of the licensee and the license amended; (B) a concise statement of the substance of the amendment; and (C) opportunity for a person affected to request a hearing. (6) The agency shall notify any person who has submitted an advance, written request to be notified of any proposed amendment to the license. Proof of mailing to the proper address shall be conclusive evidence of the agency's compliance. (7) A person who considers himself/herself a person affected may request the agency to hold a hearing by writing the director, in the manner provided by subsection (c)(2) of this section, no later than 30 days after the notice is published. Failure to submit a written request for a hearing within 30 days could result in denial of party status and render the agency action final. (8) Upon receipt of a request for hearing, the agency or the licensee may follow the procedures set out in subsection (c)(3) and (4) of this section to contest standing. (9) Notice of a hearing on the merits shall be given in accordance with appropriate provisions of subsection (e)(3) of this section. (g) Revocation of accreditation of mammography facilities. (1) An accreditation of a mammography facility may be revoked, for any of the following: (A) any material false statement in the application or any statement of fact required in accordance with the Act; Cont'd... |
