008.03 Informal, Non-adjudicatory hearings
All hearings set by the Board, not formal adjudicatory hearings, and which may include but not be limited to hearings called for rule making and for public inputs into the Board responsibilities for advising and consenting to Department rules and regulations will be informal, non-adjudicatory hearings governed by this rule and regulation.
13-008.03A
Notice: Notice will be given of all public hearings held by the Board. Except as otherwise specified by law, the notice will be published at least once in a newspaper or newspapers of general circulation in the state. The notice may also be published in the area or areas which are affected by the business of the hearing, if regional or local in nature and the publication will be made at least ten days prior to the date of the hearing. The published notice will contain information as to the date, time, place and purpose of the hearing, and as appropriate will include an agenda of the meeting or the place where an agenda is available.
13-008.03B
Presiding Officer or Hearing Examiner: The Chairperson of the Board or his/her delegate will serve as presiding officer over the hearing; however, the presiding officer will, in all cases, be a member of the Board. The presiding officer may appoint a hearing examiner for the purpose of assisting in the conduct of the hearing, which person may or may not be a member of the Board.
13-008.03C
Powers of Officer or Examiner: The presiding officer or hearing examiner will among other things, open the proceedings; enter into the record the notice given of the hearing; take appearances; accept and see that exhibits are properly numbered; answer questions asked or call upon other persons present to answer questions asked; and close the proceedings. The presiding officer and hearing examiner have no power, acting alone, to take any action involving a final determination from the proceedings when action by law is required of the Board. The record in any hearing will not be affected by any change of presiding officers or examiners during the conduct of that hearing.
13-008.03D
Oath Not Required: No person will be required to be sworn or take an oath prior to presenting any comments, which may consist of any oral or written question, statement relevant to the subject of the hearing, and any document.
13-008.03E
Receipt of Comments: Comments at a public hearing will ordinarily be received in the following sequence:
(1) Board member and staff;
(2) other state agencies (3) all other persons in the order the presiding officer, at his/her discretion, chooses. All persons present will be given the opportunity to be heard on matters relevant to the business and purpose of the hearing.
13-008.03F
Presentation of Comments: All persons presenting comments at a hearing must first state their full name and address, and declare whether they are appearing on their own behalf or on behalf of another person or organization, in which case the person or organization represented must be named.
13-008.03G
Propriety of Comments: All comments presented at the hearing are to be directed at the business and purpose of the hearing. Any comments not directed at the business and purpose of the hearing, or which are cumulative or repetitive, must, at the request of the presiding officer or hearing examiner, be terminated and excluded from the record.
13-008.03H
Staff Comments: In addition to comments presented by other persons, the Board may, through the Board staff or otherwise, secure and present such comments as it may consider necessary or desirable. A copy of the notice given for the public hearing and a statement explaining the business and purpose of the hearing will be made as part of the record of the hearing.
13-008.03I
Record Made: A record will be made of the hearing proceedings with the comments presented being a part thereof. Such record may consist of written statements and other documents along with tape recordings of oral evidence or transcripts as deemed necessary by the Board.
13-008.03J
Record Held Open: The record of public hearings may be held open for a specific period of time at the discretion of the presiding officer for submission of any comments not available or presented at the time of the hearing. At the designated time the hearing will be closed by the presiding officer or hearing examiner after the inclusion of any comments submitted and accepted.
