(a) A written request for a contested case hearing from an applicant or a person with a justifiable interest must be received prior to the close of the public comment period and shall be referred to the Office of Administrative Hearings (OAH) within 45 days after the close of the public comment period. Proposed activities shall not commence or continue after the date on which an application is referred to the OAH until a valid permit is issued.      
        (b) Contested cases shall be conducted pursuant to the Procedural Rules of the commission and any applicable rules of the State Office of Administrative Hearings.        
          (c) The applicant shall be responsible for all hearing costs to the State Office of Administrative Hearings, transcript costs incurred by the department, and court reporting costs incurred by the department and no permit may be issued pursuant to this section before full payment of all proper costs have been made to the departmentby the applicant.         
     Source Note:        The provisions of this §69.107 adopted to be effective February 4, 1997, 22 TexReg 958.