{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-2a-28","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-2A-28","heading":"Tier II applications - Final permit - Response to","body":"comments - Tier III applications - Proposed permit - Notice and\n\nhearing - Final denial or permit.\n\nA. For draft permits or draft denials for Tier II applications\n\non which no comment or public meeting request was received in a\n\ntimely manner and on which no public meeting was held, the final\n\npermit shall be issued or denied.\n\nB. For draft permits or draft denials for Tier II applications\n\non which comment or a public meeting request was received in a\n\ntimely manner or on which a public meeting was held, the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry, after considering the\n\ncomments, shall prepare a response to comments and issue the draft\n\npermit as is or as amended or make final denial.\n\nC. The response to comments shall be prepared within ninety\n\n(90) working days after the close of the public comment period\n\nunless extended by the Director upon a determination that additional\n\ntime is required due to circumstances outside the control of the\n\nDepartment. Circumstances may include, but shall not be limited to,\n\nan act of God, a substantial and unexpected increase in the number\n\nof applications filed, additional review duties imposed on the\n\nDepartment from an outside source, or outside review by a federal\n\nagency.\n\nD. 1. For a draft permit for a Tier III application, after the\n\npublic comment period and the public meeting, if any, the Department\n\nshall prepare a response to any comments received in a timely manner\n\nand either issue a final denial in accordance with paragraph 5 of\n\nthis subsection or prepare a proposed permit.\n\n2. When a proposed permit is prepared, the applicant shall\n\npublish notice, as legal notice in one newspaper of general\n\ncirculation local to the proposed new site or existing facility, of\n\nthe tentative decision of the Department to issue the permit. The\n\nnotice shall identify the locations where the proposed permit and\n\nthe response of the Department to comments may be reviewed,\n\nincluding a public location in the county where the proposed new\n\nsite or existing facility is located and shall offer a twenty-\n\nworking-day opportunity to request an administrative hearing to\n\nparticipate in as a party.\n\n3. The Department shall ensure that any additional notice\n\nrequirements as otherwise provided by law are followed.\n\n4. The opportunity to request a hearing shall be available to\n\nthe applicant and any person or qualified interest group that\n\nalleges that the operation may have a direct, substantial, and\n\nimmediate effect upon the health, environmental, pecuniary, or\n\nproperty interest or upon the legal interest of that person or\n\nqualified interest group.\n\n5. If no written administrative hearing request is received by\n\nthe Department by the end of twenty (20) working days after the\n\npublication date of the notice, the final permit shall be issued.\n\n6. If the final decision of the Department is to deny the\n\npermit, it shall give notice to the applicant and issue a final\n\ndenial in accordance with subsection G of this section.\n\nE. 1. When an administrative hearing is requested in a timely\n\nmanner on a proposed permit in accordance with subsection C of this\n\nsection, all timely requests shall be combined in a single hearing.\n\nThe hearing shall be a quasi-judicial proceeding and shall be\n\nconducted by an administrative law judge in accordance with the\n\nAdministrative Procedures Act, the Oklahoma Agricultural Code, and\n\nrules promulgated by the State Board of Agriculture.\n\n2. The applicant shall be a party to the hearing.\n\n3. The Department shall hold a scheduling conference within\n\nsixty (60) calendar days after the end of the hearing request\n\nperiod.\n\n4. The Department shall move promptly to an evidentiary\n\nproceeding in which parties shall have the right to present evidence\n\nbefore the Department on whether the proposed permit and the\n\ntechnical data, models and analyses, and information in the\ny to the hearing.\n\n3. The Department shall hold a scheduling conference within\n\nsixty (60) calendar days after the end of the hearing request\n\nperiod.\n\n4. The Department shall move promptly to an evidentiary\n\nproceeding in which parties shall have the right to present evidence\n\nbefore the Department on whether the proposed permit and the\n\ntechnical data, models and analyses, and information in the\n\napplication upon which the proposed permit is based are in\n\nsubstantial compliance with applicable provisions of the Oklahoma\n\nAgricultural Code and rules promulgated thereunder and whether the\n\nproposed permit should be issued as is, amended and issued, or\n\ndenied.\n\n5. Failure of any party to participate in the administrative\n\nproceeding with good faith and diligence may result in a default\n\njudgment with regard to that party; provided, however, that no final\n\npermit shall be issued solely on the basis of any such judgment.\n\nF. If the Department decides to reverse its initial draft\n\ndecision, it shall withdraw the draft denial or draft permit and\n\nprepare a draft permit or draft denial, as appropriate. Notice of\n\nthe withdrawal of the original draft and preparation of the revised\n\ndraft shall be given as provided in Section 15 of this act. The\n\nDepartment then shall reopen the comment period and provide\n\nadditional opportunity for a formal public meeting on the revised\n\ndraft as described in Section 18 of this act.\n\nG. Upon final issuance or denial of a permit for a Tier III\n\napplication, the Department shall provide public notice of the final\n\npermit decision and the availability of the response to comments, if\n\nany.\n\nH. Any appeal of a Tier III final permit decision or any final\n\norder connected to it shall be made in accordance with the\n\nprovisions of the Oklahoma Agricultural Code and the Administrative\n\nProcedures Act. Any appeal shall be limited to the participants of\n\nthe administrative proceedings.\n\nI. Any applicant, within ten (10) days after final denial of\n\nthe application for a new original permit on which no final order\n\nwas issued, may petition the Department for reconsideration on the\n\ngrounds stated in the Administrative Procedures Act as if the denial\n\nwas an order. Disposition of the petition shall be by order of the\n\nDirector according to the Administrative Procedures Act.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2648731409d5a26638555b05f522782c65dff09f36d6d0f5f840c54e1bd788a6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-2a-27","next":"us-ok/okla.-stat.-tit.-2-2-2a-29"},"notice":"GroundRules: Original legal text. Not legal advice."}