1. (a) The applicant shall comply with all public notice, comment, and hearing requirements associated with the statute or commission rule for which the applicant is seeking an exemption, except as provided in subsection (b) or (c) of this section.

2. (b) If the statute or commission rule for which an applicant is seeking flexibility does not require public notice, or an opportunity for comment or hearing, the following requirements shall apply.

   1. (1) The applicant shall publish notice at least once in a newspaper of general circulation in the county in which the facility is located or proposed to be located. The notice shall be published within 30 days after submittal of the application. Notice under this section shall not be smaller than that normally used in the newspaper's classified advertising section.
   2. (2) The commission shall accept public comment for 30 days after the last publication of the notice of application.

3. (c) Alternative public notice.

   1. (1) An applicant may request to provide public notice and an opportunity for comment or hearing in an alternative manner to the requirements of subsection (a) or (b) of this section.
   2. (2) The executive director may authorize alternative public notice and participation opportunities if he determines that the alternative is reasonably likely to provide greater public notice and opportunity for participation than subsection (a) or (b) of this section.

4. (d) Notice under this section shall, at a minimum, include:

   1. (1) a brief description of the proposal and of the business conducted at the facility or activity described in the application;
   2. (2) the name and address of the applicant and, if different, the location of the facility for which regulatory flexibility is sought;
   3. (3) the name and address of the commission;
   4. (4) the name, address, and telephone number of a commission contact person from whom interested persons may obtain further information;
   5. (5) a brief description of the public comment procedures, and the time and place of any public meeting or public hearing; and
   6. (6) the date by which comments or requests for hearing must be received by the commission.

Source Note:The provisions of this §90.16 adopted to be effective September 20, 1998, 23 TexReg 9347.