Section 236.223. Public comment and hearing

(a) The Department will hold one public hearing and one public information meeting on the initial license application in the area the regional facility is proposed to be located. The Department will issue a 30-day public notice in the Pennsylvania Bulletin and newspapers of general circulation in the area of the proposed host municipality to announce the hearing and meeting dates. There will be a minimum of 30 days time between the public hearing and the public meeting.

(b) Interested persons may submit to the Department written comments regarding the application. Comments shall be submitted within 180 days after notification has been made under § 236.222 (relating to public notice). Interested persons may submit comments at the hearing. A person wishing to examine witnesses shall submit to the Department a numbered list of contentions. The contentions shall be limited to failure of the license application and its contents to conform with the act and this chapter. The applicant shall submit two copies of its testimony 2 weeks before the date the hearing is scheduled. The applicant or licensee shall make its staff available to answer questions. The Department may establish the duration for oral testimony and may limit the scope of questioning during the hearing.

(c) Written comments and the transcript of the hearing will be considered in the Secretary’s decision on the application and become part of the public record.

(d) The Department will provide a written response to comments or testimony at the time a final action is taken.

Notation

Cross References

This section cited in 25 Pa. Code § 236.241 (relating to amendments for closure and transfer).