Okla. Admin. Code § 35:17-3-9

Current through Vol. 42, No. 4, November 1, 2024

Section 35:17-3-9 - Issuance or expansion of license; hearings

(a) For new, previously unlicensed, or expansion applications for a swine feeding operation license, a maximum of sixty (60) working days from the date the application is received by the Department is allocated for investigation, evaluation, and review for completeness of application. For good cause, the Department may take an additional thirty (30) working days to review the application. Good cause shall include but not be limited to a heavier than normal receipt of applications by the Department. The Department shall:

(1) Evaluate applications for administrative and technical completeness and when necessary, request changes, revisions, corrections, or supplemental submissions. Any request made by the Department shall cause a new sixty (60) working day period to begin following receipt of the requested additional information.

(2) Evaluate individual and public notices related to new applications for accuracy and completeness of content, compliance with procedural requirements, and require that omissions or inaccuracies be cured.

(b) Requests for a hearing received after the prescribed twenty (20) working day time frame shall not be valid. The ALJ shall, within seven (7) working days of setting a scheduling conference, notify the parties seeking a hearing and the owner of the time and place of the scheduling conference by certified mail, return receipt requested. All further dates and time periods shall be set at the scheduling conference.

(c) The public comment period shall automatically be extended to the close of the hearing. The ALJ shall, within thirty (30) working days following the comment period, make a full written report and a recommendation to the Department and the Board regarding the application.

(d) If all persons who requested a hearing provide a written waiver of the hearing, the Department shall dismiss the hearing, and at the next regularly scheduled meeting of the Board, present the application for consideration.

(e) If the Board does not issue a license, the Department shall provide the owner written notification within twenty (20) working days following date of denial. The notification shall set forth the reasons for the denial and what steps are necessary to meet the requirements for issuance of a license.

Okla. Admin. Code § 35:17-3-9

Added at 15 Ok Reg 102, eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15 Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff 6-11-99; Amended at 25 Ok Reg 1795, eff 7-1-08