Nebraska Administrative Code
Section 126-2-018 - Public Hearings; When Required

Current through March 28, 2023

018.01 The applicant, any affected state, any affected interstate agency, the Regional Administrator, or any interested agency, person or group of persons may request or petition the Director, in writing, within the 30-day comment period of the public notice, with respect to the application, for a public hearing, and state the nature of the issues to be raised and all arguments and factual grounds supporting their position; and

018.01A The Director may, in his discretion, hold an adjudicative hearing on the granting or denial of the permit if he determines that the circumstances justify it; or

018.01B The Director shall hold an adjudicative hearing if he/she agrees that the granting or denial of the permit interferes with or impairs or threatens to interfere with or impair the legal rights of the permit applicant or any person so that the situation falls within the Department's Rules of Practice and Procedure; or

018.01C The Director may hold a public hearing if the comments, requests or petitions raise legal, policy or discretionary questions of general application not pertaining solely to a particular party and significant public interest exists with respect to the application.

018.02 Public notice of any hearing held shall be issued, circulated and mailed in the same manner as public notice of pending issuance or denial of waste management permit and shall be so issued, circulated, and mailed at least thirty (30) days prior to the public hearing.

018.03 Content of Public Notice of Hearing

In addition to the general public notice, described in paragraph 017 of this Chapter, the public notice of hearing shall contain the following information:

018.03A Reference to the date of previous public notices relating to the permit;

018.03B Date, time, and place of hearing;

018.03C A brief description of the nature and purpose of the hearing, including the applicable rules and procedures;

018.03D A concise statement of the issues raised; and

018.03E A brief description of the permit terms and conditions which have been contested and for which the hearing has been granted.

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