7 Del. Admin. Code § 1302-122-H-122.140

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-H-122.140 - What else must the Secretary prepare in addition to the draft RAP or notice of intent to deny?

Once the Secretary has prepared the draft RAP or notice of intent to deny, he must then:

(a) Prepare a statement of basis that briefly describes the derivation of the conditions of the draft RAP and the reasons for them, or the rationale for the notice of intent to deny;

(b) Compile an administrative record, including:

(1) The RAP application, and any supporting data furnished by the applicant;

(2) The draft RAP or notice of intent to deny;

(3) The statement of basis and all documents cited therein (material readily available at DNREC or published material that is generally available need not be physically included with the rest of the record, as long as it is specifically referred to in the statement of basis); and

(4) Any other documents that support the decision to approve or deny the RAP; and

(c) Make information contained in the administrative record available for review by the public upon request.

7 Del. Admin. Code § 1302-122-H-122.140