3.0172 Conduct of hearing on rules.

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(a) Public Hearing. A public hearing shall be held for all proposed issuance, amendment, or repeal of rules initiated by the commission.

(b) Presiding Officer. Each such hearing shall be conducted by the chairman or his designee. The hearing shall be conducted in a way as to afford interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and to obtain a clear and orderly record.

(c) Continuance of Hearing. Each hearing shall be held at the time and place set in the notice of hearing, but may at a time and place be continued from day to day or adjourned to a later date or to a different place without notice other than the announcement at the hearing.

(d) Order of Hearing. At the commencement of the hearing the presiding officer shall read the notice of hearing and shall then outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of hearing in an order as the presiding officer shall prescribe.

(e) Submission of Testimony. All interested persons shall be given reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing. Every witness shall, before proceeding to testify, state his name, address, and whom he represents at the hearing. The presiding officer shall confine the testimony to the issue(s) before the hearing.

(f) Oral and Written Presentation at the Hearing. All interested persons or agencies of the territory or its political subdivisions will be afforded an opportunity to submit data, views or arguments which are relevant to the issues orally or in writing. Written testimony should be submitted to the commission at its office 24 hours or more prior to the hearing. Person submitting written testimony on the day of the hearing must furnish 15 copies of such. testimony to the commission staff prior to the hearing. In addition, or in lieu thereof, persons or agencies may also file with the commission within 7 days following the close of the public hearing a written protest or other comments or recommendations in support of or in opposition to the proposed rulemaking. The period for filing written protests comments or recommendations may be extended by the presiding officer for good cause.

(g) Transcript of the Testimony. Unless otherwise specifically ordered by the presiding officer, testimony given at the hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered at the hearing, and which are considered by the presiding officer to be authentic and relevant, shall be received and made ? part of the record. Unless the presiding officer finds that the furnishing of copies is impracticable, 2 copies of the exhibits shall be submitted.

History: Rule 1-85, eff 2 May 85, § 8.3.