§1264 Decisions of regulatory authority and appeals

Summary

The regulatory authority must decide permit applications and tell the applicant and other parties what it decided. If there was an informal conference under section 1263(b), the authority must send a written decision, with reasons, within 60 days after those hearings. If there was no informal conference, the authority must notify the applicant in a reasonable time set by its rules, taking into account site investigation, application complexity, and any written objections, whether the application is approved or denied. If approved, the permit is issued. If denied, the notice must give specific reasons. Within 30 days after the applicant is told of the final decision, the applicant or anyone who may be harmed by the decision may ask for a hearing on the reasons. The authority must hold that hearing within 30 days of the request and must notify all interested parties when the applicant is notified. If the Secretary is the authority, the hearing must be of record and follow section 554 of title 5. If a State is the authority, the hearing must be of record and adjudicatory, and anyone who ran the earlier conference may not run or take part in the hearing decision or appeals. The authority must issue a written decision with reasons to the applicant and hearing participants within 30 days after the hearing. While a hearing is pending, the Secretary or State hearing authority may grant temporary relief if all parties are notified and given a chance to be heard; the requester shows a substantial likelihood of winning the final decision; and the relief will not harm public health or safety or cause significant imminent environmental harm to land, air, or water. For hearings the authority may administer oaths, subpoena witnesses or documents, compel attendance or production, take evidence, and inspect sites. A verbatim record of each public hearing must be made, and a transcript made available on motion of any party or by order. Any applicant or objector who participated and is aggrieved by the decision, or if the authority misses the time limits in the law, may appeal under section 1276.