1. (a) The executive director may conduct a nonadjudicative public comment hearing on any application for 401 certification if the executive director determines that such a hearing would be appropriate or if such a hearing is requested by any affected person in writing within 30 days after the publication of notice of application. The executive director shall conduct a nonadjudicative public comment hearing on an application for 401 certification if a request for such a hearing is made by a Commissioner. The written request shall contain the following information:

   1. (1) the name, mailing address, and phone number of the person making the request;
   2. (2) the application number or other recognizable reference to the application;
   3. (3) a brief description of the interest of the requestor, or of persons represented by the requestor; and
   4. (4) a brief description of how the application, if granted, would adversely affect such interest.
2. (b) If a hearing is held, the executive director shall notify the regional administrator in the case of an NPDES permit certification or the district engineer in the case of a Department of the Army permit certification or the designated department of any other licensing or permitting agency, giving an estimate of the additional time necessary to consider the certification, and stating that the executive director is not waiving certification.
3. (c) All hearings held under this section shall be conducted by a representative of the executive director. Such representative shall receive comments concerning all matters affecting the 401 certification.
4. (d) After the hearing the executive director may consider any information provided at the hearing 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.