§ 65-9. Decision.  


Latest version.
  • A. 
    Where a public hearing has been held regarding a permit application, the Agency shall either issue the permit requested, with or without conditions, or deny the application. The decision by the Agency to issue or deny a permit after public hearing shall be based on the record of the hearing and shall be made in writing within 30 days of the Agency's receipt of the hearing record.
    B. 
    Where no public hearing regarding a permit application has been held, either because a hearing was determined not to be necessary pursuant to § 65-7E(2) of this chapter or because no notice of appearance was filed with regard to the public hearing and a hearing was canceled pursuant to § 65-7H of this chapter, the Agency shall compile an official file consisting of documents submitted by the applicant and any additional documents relied on by the Agency with respect to the application. The Agency may also take notice of general technical or scientific facts within the specialized knowledge of the Agency. Any document made part of such official file shall be available for inspection by the applicant and any interested member of the public. On the basis of such file, the Agency shall either issue the permit requested, with or without conditions, deny the application or order a public hearing to be held pursuant to the provisions of this chapter. The decision by the Agency to issue or deny a permit or to order that a hearing be held shall be based on the official file and shall be made in writing within 30 days of its completion of the official file and in any event within 60 days of its receipt of a completed application, provided that in the case where there have been no objections filed regarding a proposed project, the issuance of a permit shall be deemed to be a written decision by the Agency.
    C. 
    A copy of the decision of the Agency on each application for a permit under this chapter shall be mailed by the Agency as soon as practicable following such decision to the applicant and to each local government within whose boundaries the proposed regulated activity or any portion thereof is located and, if a public hearing has been held regarding the application, to each party in interest.