SECTION 39.709. Notice of Contested Case Hearing on Application

(a) The requirements of this section apply when an application is referred to the State Office of Administrative Hearings for a contested case hearing under Chapter 80 of this title (relating to Contested Case Hearings).

(b) For applications under Chapter 336, Subchapter F of this title (relating to Licensing of Alternative Methods of Disposal of Radioactive Material), Subchapter G of this title (relating to Decommissioning Standards), Subchapter K of this title (relating to Commercial Disposal of Naturally Occurring Radioactive Material Waste From Public Water Systems), or Subchapter L of this title (relating to Licensing of Source Material Recovery and By-product Material Disposal Facilities), notice must be mailed no later than 30 days before the hearing. For applications under Chapter 336, Subchapter H of this title (relating to Licensing Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste) or Subchapter M of this title (relating to Licensing of Radioactive Substances Processing and Storage Facilities), notice must be mailed no later than 31 days before the hearing.

(c) When notice is required under this section, the text of the notice must include the applicable information specified in §39.411(b)(12) and (d) of this title (relating to Text of Public Notice).

Source Note: The provisions of this §39.709 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective September 14, 2000, 25 TexReg 8857; amended to be effective January 8, 2004, 29 TexReg 113; amended to be effective July 21, 2005, 30 TexReg 4125; amended to be effective February 28, 2008, 33 TexReg 1563; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective May 14, 2020, 45 TexReg 3060