§ 42-98-9 - Applications – Procedures for review – Preliminary hearing.
SECTION 42-98-9
§ 42-98-9 Applications – Proceduresfor review – Preliminary hearing. – (a) Within sixty (60) days following the board's docketing of an applicationthe board shall, on not less than forty-five (45) days' notice to all agencies,subdivisions of the state, and the public, convene a preliminary hearing on theapplication to determine the issues to be considered by the board in evaluatingthe application, and to designate those agencies of state government and ofpolitical subdivisions of the state which shall act at the direction of theboard for the purpose of rendering advisory opinions on these issues, and todetermine petitions for intervention.
(b) The board shall consider as issues in every proceedingthe ability of the proposed facility to meet the requirements of the laws,rules, regulations, and ordinances under which, absent this chapter, theapplicant would be required to obtain a permit, license, variance, or assent.The agency of state government or of a political subdivision of the statewhich, absent this chapter, would have statutory authority to grant or deny thepermit, license, variance, or assent, shall function at the direction of theboard for hearing the issue and rendering an advisory opinion thereon.
(c) The board shall limit the scope of any agency'sinvestigation where it finds that more than one agency has jurisdiction over amatter at issue in the licensing process. In these instances, the board shalldetermine which agency shall make the necessary findings on the issue aftergiving proper consideration to the expertise and resources available to each ofthe agencies involved.
(d) The public utilities commission shall conduct aninvestigation in which the division of planning of the department ofadministration, the governor's office of energy assistance and the division ofpublic utilities and carriers shall participate and render an advisory opinionas to the need for the proposed facility.
(e) The statewide planning program within the department ofadministration shall conduct an investigation and render an advisory opinion asto the socio-economic impact of the proposed facility and its construction andconsistency with the state guide plan.
(f) A decision of the board under this section shall beissued within thirty (30) days following the conclusion of the preliminaryhearing and in any event within forty-five (45) days of the commencement of thehearing.