1. (a) Purpose. A public hearing is held to present project alternatives and to encourage and solicit public comment.

2. (b) When to hold a public hearing. A project sponsor will hold a public hearing if:

   1. (1) a request for hearing is received under §2.106 of this subchapter (relating to Opportunity for Public Hearing);
   2. (2) ten or more individuals submit a written request for a hearing, except that a public hearing is not required under this paragraph if a public hearing has been held concerning the project before the requests are received or if the hearing requests are received after the environmental review document or documentation of categorical exclusion for the project is approved;
   3. (3) the department delegate determines it is in the public interest; or

   4. (4) the project is:

      1. (A) a project with substantial public interest or controversy;
      2. (B) an EIS project; or
      3. (C) a project that constructs a new highway on a new location.

3. (c) Notice requirements.

   1. (1) At a minimum, the project sponsor will publish, before the 15th day before the day of a public hearing, one notice of the hearing in a local newspaper having general circulation in the area affected by the project. If there is no local newspaper in the area affected by the project, the project sponsor will publish notice in a newspaper having general circulation in the area affected by the project. For a project that constructs a reliever route, notice must also be published in a newspaper of general circulation in the bypassed area.
   2. (2) In addition to the other notice required by this subsection, the project sponsor will select a minimum of one additional outreach method to inform the public of the public hearing.
   3. (3) The project sponsor will mail notice of the public hearing to landowners abutting the roadway within the proposed project limits, as identified by tax rolls or other reliable land ownership records, and to affected local governments and public officials.

4. (d) Procedural requirements.

   1. (1) The hearing will be held after location and design studies are developed and the environmental review document or documentation of categorical exclusion is approved for public disclosure by the department delegate.
   2. (2) The project sponsor will make the maps, drawings, environmental reports, and documents concerning the project available to the public for not less than the 15 consecutive days before the date of the public hearing.
   3. (3) The project sponsor shall establish a deadline for accepting public comments of not less than 15 days after the date of the public hearing.

5. (e) Documentation requirements.

   1. (1) After a public hearing, the project sponsor will assemble documentation of the public hearing. The public hearing documentation will be forwarded to the department delegate for review and maintained in the project file.
   2. (2) For a public hearing regarding an EIS, the project sponsor will document the number of positive, negative, and neutral public comments received in accordance with Transportation Code, §201.811(b). This information must be presented to the commission in an open meeting and reported on the department's website in a timely manner.
6. (f) Role of department staff. One or more department employees must begin a public hearing by making opening remarks to the audience of attendees. Additionally, one or more department employees must be physically present during any portion of a public hearing.

Source Note:The provisions of this §2.107 adopted to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234.