If the Agency denies a permit or grants one with conditions, the permit applicant
may appeal the Agency’s decision to the Board.
Adm.
Code 105.214(a).
Accordingly,
though the Board hearing affords a permit applicant the opportunity to challenge the Agency’sreasons for denying or conditionally granting the permit, information developed after theAgency’s decision typically is not admitted at hearing or considered by the Board.
Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
Dynegy “may deem the permit issued” absent the contested conditions. Adm. Code 105.212...
Allowed
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