04 NCAC 01E .0204          PUBLIC HEARING

(a)  No application will be officially received until either the elected board of county commissioners or the authority, if so designated by the elected board, has held a public hearing on the advisability of the proposed project and the issuance of the bonds to finance or partially finance the project.  The public hearing will take place after the completion of the preapplication conference required in Rule .0202 of this Subchapter.  The department will be notified of the public hearing at least three working days in advance of the hearing.  That notice will specify the date, place and time of the hearing.

(b)  The public notice of the public hearing must be given by the elected board or the authority by publication at least fourteen days prior to the public hearing in one or more newspapers of general circulation in the county.  In addition to the place, date and time of the public hearing, the notice of the public hearing will indicate the date on which the authority entered into the inducement agreement with the proposed operator, the type of facility, its location, an estimate of the number of employees' jobs saved or added (except for pollution control projects for public utilities), the approximate cost of the project, the maximum principal amount of the bonds proposed to be issued by the authority, and the intention of the authority to submit to the department an application for approval of the project.  The public notice of the public hearing shall also indicate that persons wishing to make written comment about the proposed project and the related bond issue may do so to the authority, to the elected board of county commissioners and to the Secretary of the Department of Commerce, or his designee, within fourteen days of the date of the publication thereof.  Certification of the notice of the public hearing will be provided to the department as an addendum to the authority application.

(c)  The applicant should be prepared at the public hearing to discuss the details concerning the proposed project and bond issue, including the following:

(1)           the site location;

(2)           the building specifications;

(3)           the type of operations to be conducted at the project;

(4)           pertinent environmental questions;

(5)           employment and wage projections, including whether the operator will meet or seek waiver of the wage test in Rule .0303 of this Chapter;

(6)           the size of the proposed bond issue; and

(7)           a description of plans for sale of the bonds.

(d)  A summary of oral comment made at the public hearing, including a list of the names and addresses of those who spoke at the hearing, and a copy of any written comment received, will be prepared and made a part of the authority application.


History Note:        Authority G.S. 159C‑7; 159C‑8;

Eff. August 2, 1976;

Amended Eff. June 7, 1977;

Temporary Amendment Eff. January 7, 1983 for a Period of 120 Days to Expire on May 7, 1983;

Amended Eff. March 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.