(1) The presiding officer shall: (a) commence an informal adjudicative proceeding within 120 days of receiving a completed application; (b) meet with the applicant and objecting interested parties and provide no less than 120 days for a negotiated resolution, consistent with the criteria in Section 26-8a-408; (c) set aside a separate time during the proceedings to accept public comment on the application; and (d) present a written decision to the executive director if a resolution has been reached that satisfies the criteria in Section 26-8a-408.
(a) commence an informal adjudicative proceeding within 120 days of receiving a completed application;
(b) meet with the applicant and objecting interested parties and provide no less than 120 days for a negotiated resolution, consistent with the criteria in Section 26-8a-408;
(c) set aside a separate time during the proceedings to accept public comment on the application; and
(d) present a written decision to the executive director if a resolution has been reached that satisfies the criteria in Section 26-8a-408.
(2) At any time during an informal adjudicative proceeding under Subsection (1), any party may request conversion of the informal adjudicative proceeding to a formal adjudicative proceeding in accordance with Section 63G-4-202.
(3) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be assigned to the application as provided in Section 26-8a-409. The hearing office shall: (a) set aside a separate time during the proceedings to accept public comment on the application; (b) apply the criteria established in Section 26-8a-408; and (c) present a recommended decision to the executive director in writing.
(a) set aside a separate time during the proceedings to accept public comment on the application;
(b) apply the criteria established in Section 26-8a-408; and
(c) present a recommended decision to the executive director in writing.
(4) The executive director may, as set forth in a final written order, accept, modify, reject, or remand the decision of a presiding or hearing officer after: (a) reviewing the record; (b) giving due deference to the officer's decision; and (c) determining whether the criteria in Section 26-8a-408 have been satisfied.
(a) reviewing the record;
(b) giving due deference to the officer's decision; and
(c) determining whether the criteria in Section 26-8a-408 have been satisfied.
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