§1264 Decisions of Regulatory Authority and Appeals

Summary

The agency that decides permit applications must give the applicant and other parties a written decision after any informal conference under section 1263(b). That written decision must say whether the permit is granted or denied, in whole or in part, and must be sent within 60 days of the hearings. If no informal conference was held, the agency must tell the applicant within a reasonable time set by its rules—after considering how long an investigation takes, how complex the application is, and whether written objections were filed—whether the permit is approved or denied. If approved, the permit is issued. If denied, the agency must give specific reasons. Within 30 days after being told the final decision, the applicant or anyone who might be harmed can ask for a hearing. The agency must hold that hearing within 30 days of the request and notify interested parties when the applicant is told. If the Secretary is the agency, the hearing must be on the record and follow section 554 of title 5. If a State is the agency, the hearing must be on the record and the person who ran any earlier conference cannot run or take part in the hearing or appeal. The agency may grant temporary relief during the process if parties are notified and heard, the requester likely will win on the merits, and the relief won’t harm public health, safety, or cause imminent environmental damage. For hearings the agency can take oaths, issue subpoenas, require witnesses or documents, do site inspections, and must make a verbatim record with a transcript available. Anyone who objected and is aggrieved, or who is harmed by the agency’s failure to act on time, may appeal under section 1276.