Section 0940-03-10-.04 - COMMENTS AND PUBLIC HEARING(1) Any intervenor shall have standing under Tennessee Code Annotated, Title 4, Chapter 5.(2) Any intervenor may provide written comments to the Department, or the other department or agency conducting the review, regarding the activity proposed in the public notice required by rule 0940-3-10-.03(4) by mailing such comments within fifteen (15) days after the notice's publication date, in the State Register (TAR).(3) A public hearing may be held at the discretion of the Department or after receiving a written request by an intervenor or an applicant within thirty (30) days after the notice's publication date, in the State Register (TAR).(4) The public hearing may be held for the purpose of gathering information pertinent to the issues listed in rule 0940-3-10-.03(2) (f, g) or any portion of the Act.(5) Notice of the public hearing shall be provided as follows:(a) The person(s) requesting the hearing shall submit a proposed state register notice for approval by the Department. The Department shall amend the notice, if necessary, to provide sufficient or accurate information. The notice shall be published in the Tennessee Administrative Register at least thirty (30) days prior to the hearing.(b) The person(s) requesting the hearing may publish an advertisement in a newspaper of general circulation at least five (5) working days prior to the public hearing.(c) The person(s) requesting the hearing shall provide notice to known applicants and intervenors by telephone, fax, or electronic mail and letter timed so that the notice shall be received at least five (5) working days before the hearing.(6) The hearing shall be conducted pursuant to the applicable sections of the Uniform Administrative Procedures Act, T.C.A., Title 4, Part 5. An initial decision shall be rendered no later than forty-five (45) days from the final date of the hearing, unless the time period is tolled pursuant to Rule 0940-3-10-.05 below; by agreement of the parties; or by order of a court of competent jurisdiction.(7) The initial decision shall become final within fifteen (15) days of rendering of the initial decision unless the Department receives a written request for reconsideration prior to the close of business of the fifteenth (15th) day. Upon timely receipt of the request for reconsideration the Commissioner shall review the record of the hearing and render a decision within fifteen (15) business days of receipt of the request. The Commissioner's decision shall be a final decision of the Department.(8) A party aggrieved by a final decision may seek judicial review pursuant to the applicable sections of the Uniform Administrative Procedures Act, T.C.A., Title 4, Part 5.Tenn. Comp. R. & Regs. 0940-03-10-.04
Original rule filed June 29, 2004; effective September 12, 2004.Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302(a)(3), 33-1-304, 33-1-305(1), 33-1-309, 33-2-101, and 33-2-701, et seq.