{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-14-304","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-14-304","heading":"Issuance or denial of final permit - Administrative","body":"procedures.\n\nA. For draft permits or draft denials for Tier II applications\n\non which no comment or public meeting request was timely received\n\nand on which no public meeting was held, the final permit shall be\n\nissued or denied.\n\nB. For draft permits or draft denials for Tier II applications\n\non which comment or a public meeting request was timely received or\n\non which a public meeting was held, the Department, after\n\nconsidering the comments, shall prepare a response to comments and\n\nissue the draft permit as is or as amended or make final denial.\n\nThe response to comments shall be prepared within ninety (90)\n\ndays after the close of the public comment period unless extended by\n\nthe Executive Director upon a determination that additional time is\n\nrequired due to circumstances outside the control of the Department.\n\nSuch circumstances may include, but shall not be limited to, an act\n\nof God, a substantial and unexpected increase in the number of\n\napplications filed, additional review duties imposed on the\n\nDepartment from an outside source, or outside review by a federal\n\nagency.\n\nC. 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 comments and either issue a final denial\n\nin accordance with paragraph 2 of this subsection or prepare a\n\nproposed permit.\n\n1. When a proposed permit is prepared, the applicant shall\n\npublish notice, as legal notice in one newspaper local to the\n\nproposed new site or existing facility, of the Department's\n\ntentative decision to issue the permit. Such notice shall identify\n\nthe places where the proposed permit and the Department's response\n\nto comments may be reviewed, including a location in the county\n\nwhere the proposed new site or existing facility is located and\n\nshall offer a twenty-day opportunity to request an administrative\n\nhearing to participate in as a party. The opportunity to request a\n\nhearing shall be available to the applicant and any person or\n\nqualified interest group who claims to hold a demonstrable\n\nenvironmental interest and who alleges that the construction or\n\noperation of the proposed facility or activity would directly and\n\nadversely affect such interest.\n\nIf no written administrative hearing request is received by the\n\nDepartment by the end of twenty (20) days after the publication date\n\nof the notice, the final permit shall be issued.\n\n2. If the Department's final decision is to deny the permit, it\n\nshall give notice to the applicant and issue a final denial in\n\naccordance with subsection F of this section.\n\nD. When an administrative hearing is timely requested on a\n\nproposed permit in accordance with subsection C of this section, all\n\ntimely requests shall be combined in a single hearing. The hearing\n\nshall be a quasi-judicial proceeding and shall be conducted by an\n\nAdministrative Law Judge in accordance with Article 2 of the\n\nAdministrative Procedures Act, the Code and rules promulgated by the\n\nEnvironmental Quality Board.\n\n1. The applicant shall be a party to the hearing.\n\n2. The Department shall schedule a prehearing conference within\n\nsixty (60) days after the end of the hearing request period.\n\n3. The Department shall move expeditiously 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 Code and\n\nrules promulgated thereunder and whether the proposed permit should\n\nbe issued as is, amended and issued, or denied.\n\n4. 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\nit is based are in\n\nsubstantial compliance with applicable provisions of the Code and\n\nrules promulgated thereunder and whether the proposed permit should\n\nbe issued as is, amended and issued, or denied.\n\n4. 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\nE. 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 2-14-302 of this title.\n\nThe Department shall then re-open the comment period and provide\n\nadditional opportunity for a formal public meeting on the revised\n\ndraft as described in Section 2-14-303 of this title.\n\nF. 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\nG. Any appeal of a Tier III final permit decision or any final\n\norder connected therewith shall be made in accordance with the\n\nprovisions of the Code and the Administrative Procedures Act.\n\nH. 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 subsection A of Section 317 of Title 75 of the\n\nOklahoma Statutes as if the denial was an order. Disposition of the\n\npetition shall be by order of the Executive Director according to\n\nsubsections B and D of Section 317 of Title 75 of the Oklahoma\n\nStatutes.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c6278f78dc1273da905774eb6417c67b8958bff97676f5e293a60fb53da02041","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-14-303","next":"us-ok/okla.-stat.-tit.-27a-27a-2-14-305"},"notice":"GroundRules: Original legal text. Not legal advice."}