7 Del. Admin. Code § 7502-11.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7502-11.0 - Procedure for Processing Applications

11.1 Within 20 days after receipt of a permit application in proper form, the Department shall advertise in a daily newspaper of statewide circulation and in a newspaper of general circulation in the County in which the activity is proposed (1) the fact that the application has been received and (2) a brief description of the nature of the application. The Secretary shall notify by mail neighboring landowners as listed in the application and those persons who have listed their names and addresses with the Secretary to be notified.

11.2 The Secretary may hold a public hearing with respect to any application if he deems it to be in the best public interest. The Secretary shall hold a public hearing if he receives a written objection within twenty (20) days of advertisement that exhibits a familiarity with the application and a reasoned statement of the proposed project's probable impact.

11.3 Review: A fact sheet shall be prepared by the Department describing the project and its location. The fact sheet shall be distributed for review and comments to:

11.3.1 All Divisions of the Department

11.3.2 Delaware Geological Survey

11.3.3 County Planning Office

11.3.4 Department of Highways and Transportation

11.3.5 Department of Health and Social Services

11.3.6 Governor's Council on Environmental Control

11.3.7 Council on Historical and Cultural Affairs, Archaeological Office

11.3.8 Adjacent property owners

11.3.9 Local planning department that has jurisdiction over land involved

11.3.10 Environmental Protection Agency

11.3.11 Division of Fish and Wildlife of the Department of the Interior

11.3.12 Corps of Engineers

11.3.13 National Oceanic and Atmospheric Administration of the U. S. Department of Commerce

11.3.14 Other interested parties who have requested the fact sheet for the particular project. There shall be a ten working day period for comment except that for complex projects, this period may be extended by the Secretary upon request.

11.4 Public Hearings: Any public hearing held by the Secretary or the Board concerning a regulation, permit application or alleged violation or appeal shall be conducted as follows:

11.4.1 Notification shall be served upon the applicant, alleged violator, or appellant not less than twenty (20) days before the time of said hearing. Service shall be by summons or registered or certified mail. No less than twenty (20) days notice shall also be published in a daily newspaper of general circulation throughout the State and a newspaper of general circulation in the County in which the activity is proposed.

11.4.2 Such notice shall also be sent by mail simultaneously to persons who have listed their names and addresses with the Secretary is to be notified. Such notice shall also be sent by mail simultaneously to all adjoining property owners and the local, planning department. Notice shall outline the area concerned, activity involved, and the location where the application for a permit or other pertinent material is available for inspection.

11.4.3 The permit applicant, alleged violator, or appellant may appear personally or by counsel at the hearing and produce any competent evidence in his behalf. The Secretary of his duly authorized designee or the Board or it duly authorized designee may administer oaths, examine witnesses and issue, in the name of the Department or Board, notices of hearing or subpoena requiring the testimony of witnesses and the production of books, records, or other documents relevant to any matter involved in such a hearing or any subpoena shall also be issued at the request of the applicant or alleged violator. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the County in which the hearing is held shall have jurisdiction, upon application of the Secretary of the Chairman of the Appeals Board, to issue an order requiring such person to appear and testify.

11.4.4 A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The Secretary or his duly authorized designee or the Board or its duly authorized designee shall make findings of fact based on the record. The Secretary or the Board shall then enter such order as will best further the purpose of this Chapter, and shall state reason. The Secretary or the Board shall within thirty (30) days of action give written notice to the persons affected by such order.

11.5 If no public hearing is held on an application, the Secretary shall enter such Order or grant such permit as will best further the purpose of this Chapter, and shall state reasons. The Secretary shall within thirty (30) days of action give written notice to the persons affected by such Order.

7 Del. Admin. Code § 7502-11.0