SECTION 116.314. Review Schedule

(a) Renewal of permit. The executive director shall renew a permit and notify the permit holder in writing if it is determined that the facility meets the requirements of this subchapter.

(b) Denial of renewal. Prior to denial, the executive director shall provide notice to the permit holder with a report which describes the basis for denial.

(1) If denial is based on failure to meet the requirements of §116.311(a) or (b) of this title (relating to Permit Renewal Application), the report shall establish a schedule for compliance with the renewal requirements.

(A) The report shall be forwarded to the permit holder no later than 180 days after the commission receives a completed application.

(B) The permit shall be renewed if the requirements are met according to the schedule specified in the report. The executive director shall notify the permit holder in writing of the permit renewal.

(2) If denial is based on failure to maintain substantial compliance with the TCAA or the terms of the existing permit under §116.311(c) of this title, the renewal denial shall be final. The executive director shall notify the permit holder in writing of the denial.

(c) Contested case hearing. After failure to satisfy the commission requirements for corrective action by the deadline specified in the executive director's report, the applicant shall show cause in a contested case proceeding why the permit should not expire. The proceeding will be conducted under the APA and Chapters 1, 55, and 80 of this title (relating to Purpose of Rules, General Provisions; Request for Contested Case Hearings; Public Comment; and Contested Case Hearings).

(d) Effective date of existing permit. An existing permit shall remain effective:

(1) until it is renewed;

(2) until the deadline specified in the executive director's report to the permit holder;

(3) during the course of a contested case hearing if the hearing extends beyond the expiration date; or

(4) until a date specified in any commission order entered following a contested case hearing.

Source Note: The provisions of this §116.314 adopted to be effective July 8, 1998, 23 TexReg 6973.