27.0207 Appeal hearings-Meeting procedure-Quorum.

Print This

(a) Any person believing he is aggrieved by any action or inaction of the commission, or representative thereof, may request a hearing and review by the full commission. All actions and decisions of the commission or its representatives shall be deemed final and binding within 10 days of written notice thereof unless such a hearing is requested. Hearings shall be as scheduled by the chairman. Meetings shall be at least quarterly, held on the 2nd Tuesday of the lst month of each quarter and additionally as called by the chairman.

(b) Hearings may be formal or informal. All requests for a hearing will be treated as informal unless the request is specific to request a formal hearing. An informal hearing shall take place, first, before any member of the commission designated by the chairman, who shall obtain the facts and issues in dispute, and report to the full commission. The person in an informal proceeding need not be heard by the full commission unless recommended by the investigating member.

(c) Formal hearings shall not be held with the formality of court proceedings. If any person desires recording or transcription of the proceedings, it shall be their obligation and expense to provide the same. Where a recording or transcript is made, it must be transcribed and a free copy given to the commission within 30 days. If no record is made or stenographic notes taken, the minutes ordered and ‘kept by the chairman or his designee are conclusively presumed as an accurate record of all that took place. If a transcript is not provided within 30 days, the commission may determine the matter against the person requesting the recording or stenographic record.

(d) The chairman shall determine, subject to the majority vote of the commission if any member disagrees, the procedures of all hearings and meetings, as closely as possible to the efficient practice of a private business corporation. The chairman shall allow all persons reasonable, but not excessive, time to present their views, question the factual support for decisions, and present their factual data. The chairman shall determine what records of the commission are public and what records relate to confidential and sensitive business matters that are not public records.

(e) Five members of the commission constitute a quorum. A majority of those present with a quorum determine a favorable vote.

History: Rule 4-77, eff 14 Sep 77, § 7.