| (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under this section shall not be published in a font size smaller than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.
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