1. (a) The executive director may conduct a public meeting on any application for 401 certification if the executive director determines, based on public comment received during the public comment period, that such a meeting would be appropriate. The executive director shall conduct a public meeting on an application for 401 certification if a request for such a meeting is made by a commissioner.
2. (b) If a public meeting is held, the executive director shall notify the licensing and permitting agency and request an extension of time to consider the certification.
3. (c) All meetings held under this section shall be conducted by a representative of the executive director. The representative shall receive comments concerning all matters affecting the 401 certification.
4. (d) After the meeting the executive director may consider any information provided at the meeting and any other information appropriate to determine whether to certify the activity.

Source Note:The provision of this §279.7 adopted to be effective July 22, 1987, 12 TexReg 2187; amended to be effective July 13, 1995, 20 TexReg 4693; amended to be effective October 4, 2001, 26 TexReg 7569.