Public Hearing Procedure

Section 700 Section 700.200  Public Hearing Procedure a)         The Director or his/her authorized representative shall state at the beginning of the public hearing the manner in which the hearing will be conducted.  When an advisory board or committee is present, its members are permitted to ask questions of the public and those testifying.  According to the number of people wishing to testify, the time the hearing starts, weather conditions, and other commitments of Department personnel, the hearing officer may set time limits for submitting oral testimony and may request interested persons to register as a proponent or opponent and testify in that order so that persons representing a particular stand on the rule can present their comments sequentially in order to make consideration of the rule easier.  The hearing officer shall, upon request, vary the order in which persons will testify for the convenience of witnesses who have time constraints. b)         Any person may submit written comments or suggest changes to any rulemaking proposal to the Director or his/her authorized representative at a public hearing without registering to testify.  Such comments shall be signed by the person making the submission or by an attorney or other authorized representative on the person's behalf.  Written comments need not be presented in a particular form. c)         The Department shall record the minutes of the public hearing stenographically or by such other means as to adequately insure the preservation of the minutes. d)         Any person requesting time to make an oral presentation of any rulemaking proposal at any public hearing must register prior to the beginning of the hearing.  Persons will be called to testify in the order of registration unless the hearing examiner determines the hearing could best expedited by other means as stated in Section 700.200(a). The Director or his/her authorized representative shall ban a person from testifying if such person failed to register for any reason and because of the time of day, weather conditions, or other commitments of Department personnel, the hearing would have to be closed. e)         A person may represent an association, organization or other such group or an individual who is unable to attend a public hearing.  The Director or his/her authorized representative shall request such person to present proof indicating that person has authority to represent the association, organization or another individual when Department personnel are not familiar with the person.  Proof means a letter, affidavit or verbal verification from an officer of the organization or person being represented.