These rules apply to all oral proceedings held for the
purpose of providing the public with an opportunity to make oral presentations
or written input on proposed new rules, amendments to rules, and proposed
repeal of existing rules for the SLDS Governing Board.
When a political subdivision, an agency, or ten (10) persons
request an oral proceeding in regards to a proposed rule adoption, the
requestor must submit a printed, typewritten, or legibly handwritten
request.
A. Each request must be
submitted on 8-1/2" x 11" white paper.
B. The request may be in the form of a letter
addressed to the Chair of the SLDS Governing Board or in the form of a pleading
as if filed with a court.
C. Each
request must include the full name, telephone numbers, and mailing address of
the requestor(s).
D. All requests
shall be signed by the person filing the request, unless represented by an
attorney, in which case the attorney may sign the request.
Notice of the date, time, and place of all oral proceedings
shall be filed with the Secretary of State's Office for publication in the
Administrative Bulletin. The SLDS Governing Board shall provide notice of oral
proceedings to all persons requesting notification of proposed rule adoptions.
The oral proceedings will be scheduled no earlier than twenty (20) days from
the filing of the notice with the Secretary of State. The Chair of the SLDS
Governing Board or designee who is familiar with the substance of the proposed
rule shall preside at the oral proceeding on a proposed rule.
Public participation shall be permitted at oral proceedings,
as follows:
A. At an oral proceeding
on a proposed rule, persons may make statements and present documentary and
physical submissions concerning the proposed rule.
B. Persons wishing to make oral presentations
at such a proceeding shall notify the Chair of the SLDS Governing Board at
least three (3) business days prior to the proceeding and indicate the general
subject of their presentations. The presiding officer in his or her discretion
may allow individuals to participate that have not contacted the SLDS Governing
Board prior to the proceeding.
C.
At the proceeding, those who participate shall indicate their names and
addresses, identify any persons or organizations they may represent, and
provide any other information relating to their participation deemed
appropriate by the presiding officer.
D. The presiding officer may place time
limitations on individual presentations when necessary to assure the orderly
and expeditious conduct of the oral proceeding. To encourage joint
presentations and to avoid repetition, additional time may be provided for
persons whose presentations represent the views of other individuals as well as
their own views.
E. Persons making
presentations are encouraged to avoid restating matters that have already been
submitted in writing. Written materials may be submitted at the oral
proceeding.
F. Where time permits
and to facilitate the exchange of information, the presiding officer may open
the floor to questions or general discussion. The presiding officer may
question participants and permit the questioning of participants by other
participants about any matter relating to that rule-making proceeding,
including any prior written submissions made by those participants in that
proceeding. No participant shall be required to answer any question.
Physical and documentary submissions presented by
participants in an oral proceeding shall be submitted to the presiding officer.
Such submissions become the property of the SLDS Governing Board, part of the
rulemaking record, and are subject to the SLDS Governing Board public records
request procedure. The SLDS Governing Board may record oral proceedings by
stenographic or electronic means.
