(a) If the Division of Environmental Quality decides to hold a public hearing on an application for a permit or on a draft permitting decision, the division shall schedule the hearing and:

1. (1)

   1. (A) Give notice of the date, time, and place of the hearing by first-class mail to:

(i) The applicant;

1. (ii) All persons who have filed a timely written request for a public hearing;

   1. (iii) All persons who have submitted public comments on the record; and

      1. (iv) All persons who have requested advance notice of the public hearing.
   2. (B) If comments are submitted for a group or by a petition, the Director of the Division of Environmental Quality may require the group to designate a representative to receive the notice; and
2. (2) Give notice of the date, time, and place of the hearing by publishing the notice in a newspaper of general circulation in the county in which the proposed facility or activity is, or is to be located, or for a statewide permit, in a newspaper of statewide circulation.

(b) The public hearing will be conducted as follows:

1. (1) The division will receive oral public comments at the public hearing;

2. (2)

   1. (A) A public hearing may continue until all persons wishing to make comments have been heard.
   2. (B) The presiding officer may establish time limits;
3. (3) The presiding officer may decide not to receive additional oral comments if the comments will not serve a useful purpose or will be cumulative or unduly time consuming;
4. (4) The presiding officer will receive oral public comments from all persons who have informed the director in writing prior to the hearing of their desire to speak;
5. (5) To ensure comments are accurately recorded, the division prefers comments be submitted in writing; and
6. (6) The presiding officer may extend the period for written public comments, if announced at the public hearing, for up to twenty (20) calendar days.