(a) The requirements in this section and §55.255
of this title (relating to Commission Action on Hearing Request) apply
only to hearing requests that are filed within the time period specified
in §55.251(d) of this title (relating to Requests for Contested
Case Hearing, Public Comment).
(b) The executive director shall file a statement with
the chief clerk indicating that technical review of the application
is complete. The executive director will file the statement with the
chief clerk either before or after public notice of the application
is issued.
(c) After a hearing request is filed and the executive
director has filed a statement that technical review of the application
is complete, the chief clerk shall process the hearing request by
both:
(1) referring the application and hearing request to
the alternative dispute resolution director. The alternative dispute
resolution director shall try to resolve any dispute between the applicant
and the person making the request for hearing; and
(2) scheduling the hearing request for a commission
meeting. The chief clerk shall attempt to schedule the request for
a commission meeting that will be held approximately 44 days after
the later of the following:
(A) the deadline to request a hearing specified in
the public notice of the application; or
(B) the date the executive director filed the statement
that technical review is complete.
(d) The chief clerk shall mail notice to the applicant,
executive director, public interest counsel, and the persons making
a timely hearing request at least 35 days before the first meeting
at which the commission considers the request. The chief clerk shall
explain how the person may submit public comment to the executive
director, describe alternative dispute resolution under commission
rules, explain that the agency may hold a public meeting, and explain
the requirements of this chapter.
(e) The executive director, the public interest counsel,
and the applicant may submit written responses to the hearing request
no later than 23 days before the commission meeting at which the commission
will evaluate the hearing request. Responses shall be filed with the
chief clerk, and served on the same day to the applicant, the executive
director, the public interest counsel, the External Relations Division,
and any persons filing hearing requests.
(f) The person who filed the hearing request may submit
a written reply to a response no later than nine days before the scheduled
commission meeting at which the commission will evaluate the hearing
request. A reply may also contain additional information responding
to the letter by the chief clerk required by subsection (d) of this
section. A reply shall be filed with the chief clerk and served on
the same day to the executive director, the public interest counsel,
and the applicant.
(g) The executive director or the applicant may file
a request with the chief clerk that the application be sent directly
to the State Office of Administrative Hearings (SOAH) for a hearing
on the application. If a request is filed under this subsection, the
commission's scheduled consideration of the hearing request will be
canceled. An application may only be sent to SOAH under this subsection
if the executive director, the applicant, the public interest counsel
and all timely hearing requestors agree on a list of issues and a
maximum expected duration of the hearing.
|