(a) Upon completion of the Department's review of an application, the Department shall provide notice to the public of issuance of an initial draft decision where the license application is approved, approved with conditions, or denied. - (i) The initial draft decision shall include, but is not limited to, the following:
- (A) A decision analysis, that includes discussions on environmental impacts; and
- (B) The final technical analysis conducted by the Department.
- (ii) Upon issuance of the initial draft decision described in Section 15(a)(i), or a licensing action that significantly impacts the environment or public health and safety, the Department shall initiate a public comment process, and hold a public hearing upon written request from an "aggrieved party" as defined in W.S. § 35-11-103(a)(vii). If a public hearing is requested, the Department shall publish notice of the public hearing in a newspaper of statewide or general circulation or on the Department's website before the public hearing. The notice of the public hearing shall include:
- (A) The time, place, and nature of the hearing;
- (B) A copy of the initial draft decision; and
- (C) A statement detailing where public comments may be submitted.
- (iii) Pursuant to the request and notice described in Section 15(a)(ii), the Department shall hold a public hearing. Such hearing shall be transcribed and, at a minimum, require:
- (A) The opportunity for cross-examination;
- (B) A summary of the licensing activity proposed in the application; and
- (C) An opportunity for the public to comment and be heard.
- (iv) The Rules of Practice and Procedure applicable to hearings before the Department shall apply to hearings before the Department. To the extent that any inconsistencies exist between the Rules of Practice and Procedure and these rules, these rules shall govern.
(b) For applications which are denied, the Department shall issue a written summary containing the basis for denial.
(c) The applicant or licensee shall pay for the expenses associated with public notice, public comment, or public meetings associated with the specific licensing request by the applicant or licensee.
(d) Following the public comment period and public hearing associated with a specific licensing request, the Department shall, after review of the public comments received by the Department, issue a written final decision. The final decision must ban all major construction before the completion of the written environmental analysis. The final decision is subject to review by the Environmental Quality Council and judicial review in accordance with Wyoming law.
020-4 Wyo. Code R. § 4-15