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Contested case hearings are legal proceedings so parties to the hearing may want to retain legal representation to ensure their interests are represented but legal representation is not required for participation.
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A contested case hearing is a formal legal proceeding similar to a District court hearing. Parties involved in a contested case hearing will be able to submit evidence and present testimony of expert witness for evaluation by the hearing examiner.
A contested case hearing can be conducted either by the Board of Directors of the Lost Pines Groundwater Conservation District or by a hearing examiner appointed by the Board. Additionally, any party in a contested case may request that the hearing be conducted by an administrative law judge from the State Office of Administrative Hearings (SOAH). In the event of a contested case hearing conducted at SOAH the party or parties that requested SOAH will be responsible for paying the costs associated with the hearing.
To request a contested case hearing on a permit you must submit a written request to the District at least five days prior to the scheduled hearing. The written request must include:
1) Your name and address
2) The permit number and applicants name
3) A statement clearly requesting a contested case hearing
4) The location of your home, business or property that will be impacted by the proposed permit
If the request is being made on behalf of a group or organization then the request must identify one or more members of the group who have standing to request a contested case.