1. (a) Opportunity to make request.

   1. (1) An opportunity to request a public hearing shall be afforded for a project that requires the acquisition of significant amounts of right of way, substantially changes the layout or function of the connecting roadways or of the facility being improved, adds capacity, has a measurable adverse impact on abutting real property, or otherwise causes a substantial social, economic, or environmental effect, or for which the department determines it is in the public interest.
   2. (2) An opportunity to request a public hearing shall be afforded for a project if the results of the environmental studies support a FONSI. However, if deemed appropriate, a public hearing may be held, and affording an opportunity for hearing bypassed.
   3. (3) If a public hearing is not required under §2.9 of this subchapter (relating to Public Involvement-Public Hearing), the district may afford an opportunity for public hearing as another form of public involvement.
2. (b) When to provide opportunity. The opportunity to request a public hearing shall be afforded after the environmental division determines the environmental document is technically complete and approves it as a full-disclosure document suitable for public review. For a federal-aid project, FHWA shall review the document and, if appropriate, determine it is technically complete.

3. (c) Procedural requirements.

   1. (1) The district shall publish two notices of the opportunity to request a public hearing in local newspapers having general circulation.

      1. (A) The first notice shall be published at least 30 days in advance of the deadline date set by the district for submission of written requests for holding a public hearing.
      2. (B) The second notice shall be published no more than 10 nor less than seven days prior to the deadline.
   2. (2) If the population that will be affected by the project is predominantly non-English speaking, the notices must also be published in the dominant language in accordance with Presidential Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency.
   3. (3) The district shall also mail notice of the opportunity to request a public hearing to landowners abutting the roadway as identified by tax rolls, and to affected local governments and public officials.
   4. (4) No further action shall be taken to hold a public hearing if at the end of the time set for affording an opportunity to request a public hearing no requests are received or the district has addressed the concerns of the persons requesting the public hearing. The district office shall submit a certification of the public involvement process to this effect to the environmental division.
4. (d) Bypass opportunity for hearing. A district is not required to comply with this section if the district elects to hold a public hearing.

Source Note:The provisions of this §2.8 adopted to be effective January 4, 2007, 31 TexReg 10817.