Scheduling a public hearing.
The board may at its discretion
hold a public hearing, or it shall hold a public hearing upon the written
request of at least 25 interested persons, a governmental subdivision, an
agency, or an association of 25 persons.
the board chooses to hold a public hearing, it will announce the date, time,
and location in the Iowa Administrative Bulletin.
If the board has not scheduled a public
hearing and a person or an organization wishes to request one, a written
request for a public hearing shall be received by the executive director within
20 days after the notice of intended action has been published.
(1) The executive director shall schedule a
public hearing if the request(s) meets the requirements of this rule.
(2) The executive director shall set the
date, time, and location of the public hearing.
(3) The individual or organization requesting
the public hearing shall be notified of the date, time, and location of the
public hearing by certified mail.
Proceedings at the public
The chairperson of the board shall serve as the presiding
officer or appoint a presiding officer over the public hearing.
Any individual(s) may present either
written or oral comments pertinent to the rule(s) for which the public hearing
has been scheduled.
(1) Any individual(s)
desiring to make written comments in advance of the hearing shall submit these
comments to the executive director. The presiding officer shall accept written
comments at the hearing.
individual(s) desiring to make an oral presentation shall be present at the
hearing and ask to speak.
The authority of the presiding officer
during the public hearing includes:
Setting a time limit on oral presentations if necessary;
(2) Excluding any individual(s) who may be
either disruptive or obstructive to the hearing;
(3) Ruling that the oral presentation or
discussion is not pertinent to the hearing; and
(4) Accepting any written
conduct of the presiding officer during the public hearing shall include but
need not be limited to:
(1) Open the hearing
and receive appearances.
the notice of hearing into the public record.
(3) Review rule(s) under adoption, amendment
or repeal and provide rationale for the proposed action by the board.
(4) Receive written and oral
(5) Read into the
official public record written comments which have been submitted.
(6) Inform those individuals present that
within 30 days of the date of hearing the board shall issue a written statement
of the principal reasons for and against the rule it adopted, incorporating
therein the reasons either for accepting or overruling considerations urged
against the rule.
(7) Adjourn the