§ 70-0119. Public hearings.

1. After evaluating an application for a permit and any comments of
department staff, other state agencies or units of government or members
of the public, the department shall, on or before sixty calendar days
after it mails notice to the applicant that the application is complete
or on or before sixty days after the application is deemed complete
pursuant to the provisions of this article, determine whether or not to
conduct a public hearing on the application and mail written notice to
the applicant of a determination to conduct a public hearing. Such
determination shall be based on whether the evaluation or comments raise
substantive and significant issues relating to any findings or
determinations the department is required to make pursuant to this
chapter, including the reasonable likelihood that a permit applied for
will be denied or can be granted only with major modifications to the
project because the project as proposed may not meet statutory or
regulatory criteria or standards; provided, however, where any comments
received from members of the public or otherwise raise substantive and
significant issues relating to the application and resolution of any
such issue may result in denial of the permit or the imposition of
significant conditions thereon, the department shall hold a public
hearing on the application.

2. If a public hearing is to be held, it shall commence on or before
ninety calendar days after the department mails written notice to the
applicant that the application is complete or on or before ninety
calendar days after the application is deemed complete pursuant to the
provisions of this article. Reasonable notice of the hearing shall be
given to the applicant and to persons who have made written request to
participate in it and notice to the public shall be given by publication
of a notice of hearing in the environmental notice bulletin, in a
newspaper as otherwise required by law, and in such other manner as the
department may direct, if any.

3. The department may require an applicant to pay the cost of renting
a hearing room and of preparing a transcript associated with a public
hearing conducted pursuant to this article. Prior to commencing a public
hearing pursuant to this article, the department may require an
applicant to post a bond or other suitable undertaking to assure payment
of such costs.

4. When an applicant has submitted applications for one or more
permits associated with a project and more than one public hearing is
required, including public hearings pursuant to article eight of this
chapter, said public hearings shall be consolidated into a single public
hearing at the request of the applicant wherever practicable. Public
hearings associated with a project shall also be consolidated or held
jointly with one or more other state or local agencies, whenever
practicable.

5. Public hearings pursuant to this article shall be conducted as
provided in rules and regulations adopted by the department pursuant to
section 70-0107 and as provided in the state administrative procedure
act.