§1264 Decisions of Regulatory Authority and Appeals

Summary

When someone applies for a permit and an informal conference was held, the agency in charge must send a written decision to the applicant and anyone involved within 60 days after the hearing. The letter must say whether the permit is fully or partly approved or denied and explain why. If no informal conference happened, the agency must tell the applicant its decision within a reasonable time set by the agency’s rules, after considering how long the site check will take, how complex the application is, and whether anyone filed written objections. If the permit is denied, the notice must give specific reasons. The applicant or anyone who might be hurt by the decision has 30 days after getting the notice to ask for a hearing on the reasons. The agency must hold that hearing within 30 days of the request and then give a written decision to all hearing participants within 30 days after the hearing. For the hearing, the agency can take oaths, require witnesses or documents, force people to attend or produce materials, inspect the site, and record the hearing word for word. A transcript can be made available if a party asks or the agency orders it. While a hearing is pending, the agency or State hearing authority may grant temporary relief if all parties are notified and can speak, the requester shows a substantial likelihood of winning, and the relief will not harm public health or cause serious immediate damage to land, air, or water. Anyone who took part as an objector and is harmed by the agency’s decision, or if the agency misses the time limits, may appeal under section 1276.