| (a) When an applicant in a proceeding is unable, after
due diligence, to identify the address of any person who is required
to be notified of an application, complaint, or hearing, the applicant
must publish notice of the application, complaint, or hearing.
(1) Unless otherwise directed by the appropriate director
or examiner, the applicant shall publish the Commission's notice of
application or notice of hearing in a newspaper of general circulation
in the county or counties where the land or facility that is the subject
of the application or hearing is located. The applicant shall publish
such notice once per week for four consecutive weeks. The first publication
shall be published at least 28 days before the protest deadline in
a notice of application or the hearing date in a notice of hearing.
(2) The applicant must file proof of publication in
the form of a publisher's affidavit or present at a hearing a copy
of the newspaper notice along with testimony by a person with personal
knowledge of the publication details.
(b) In determining whether notice by publication is
appropriate, the examiner may consider whether an applicant used due
diligence in attempting to identify the address of any person who
is required to be notified of an application, complaint, or hearing.
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