250 R.I. Code R. 250-RICR-150-10-1.50

Current through December 26, 2024

Section 250-RICR-150-10-1.50 - Request for an Adjudicatory Hearing

A. Within 30 calendar days following the service of notice of the Department's issuance of a final draft permit or final permit (where a final draft permit does not precede the final permit) under § 1.47 of this Part, any interested person may submit a request to the Department under § 1.50(B) of this Part for an adjudicatory hearing to reconsider or contest the conditions of that permit. If such a request is submitted by a person other than the permittee, that person shall simultaneously serve a copy of the request on the permittee.

B. Such requests shall state each legal or factual question alleged to be at issue, and their relevance to the permit decision, together with a designation of the specific factual areas to be adjudicated and the hearing time estimated to be necessary for that adjudication. Information supporting the request or other written documents relied upon to support the request shall be submitted unless it is already in the administrative record.

C. Such request shall also contain:

1. The name, mailing address or telephone number of the person making such requests;

2. A clear and concise factual statement of the nature and scope of the interest of the requester;

3. The names and addresses of the persons who the requester represents; and

4. A statement by the requester that, upon motion of any party, or upon order of the Administrative Hearing Officer or Officer's own motion and without cost or expense to any other party, the requester shall make available to appear and testify, the following:

a. The requester;

b. All persons represented by the requester; and

c. All officers, Departments, employees, consultants and agents of the requester and the persons represented by the requester.

5. Specific references to the contested permit conditions, as well as suggested revised or alternative permit conditions (including permit denial) which, in the judgment of the requester, would be required to implement the purposes and policies of the State and Federal Acts.

6. In the case of challenges to the application of control or treatment technologies identified in the statement of basis or fact sheet, identification of the basis for the objection, and the alternative technologies or combination of technologies which the requester believes are necessary to meet the requirements of the State and Federal Acts.

7. Identification of the permit obligations that are contested or are inseparable from contested conditions and should be stayed if the request is granted by reference to the particular contested conditions warranting the stay.

D. If the Department grants an adjudicatory hearing request in whole or in part, the Department shall identify the permit conditions which have been contested by the requester and for which the adjudicatory hearing has been granted. Permit conditions which are not contested or for which the Department has denied the hearing request shall not be affected by, or considered at, the adjudicatory hearing and the Department shall specify these conditions in writing.

E. The Department must grant or deny all requests for an adjudicatory hearing on a particular permit. All requests that are granted for a particular permit shall be combined in a single adjudicatory hearing.

F. The Department may extend the time allowed for submitting hearing requests under this section for good cause.

250 R.I. Code R. 250-RICR-150-10-1.50