15A NCAC 02H .0504      HEARING

(a)  Public Hearing on Certification.  If the Director deter­mines that it is in the public interest that a public hearing for the purpose of reviewing public comment and additional informa­tion be held prior to granting or denying certification, the Director shall so notify the applicant by registered or certified mail, return receipt requested, and shall publish and give notice as required in Rule .0503(d) and (e) of this Section.  Such hearing shall be held within 90 days following date of notification.  The record of each hearing held under this Paragraph shall remain open for a period of 30 days.

(b)  Hearing for Applicant Upon Certification Denial.  An applicant whose certification is denied or granted subject to unacceptable conditions, shall have the right to a contested case hearing pursuant to the provisions of G.S. 150B‑23.


History Note:        Authority G.S. 143-215.3(a)(1); 143‑215.3(c); 143B-282(1)(u);

Eff. February 1, 1976;

Amended Eff. July 1, 1988; December 1, 1984;

RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;

Recodified from 15A NCAC 2H .0503 Eff. October 1, 1996;

Amended Eff. October 1, 1996.