Oral Proceedings of Proposed Rules

Oral Proceedings of Proposed Rules. (a) Scope. This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Commission pursuant to Section 25-43-3.104. (b) When Oral Proceedings will be scheduled on Proposed Rules. The Commission will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule. (c) Request Format. Each request must be printed or typewritten, or must be legible handwriting. Each request must be submitted on standard business letter-sized paper (8 1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Commission and signed by the requestor(s). (d) Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. (e) Presiding Officer. The Chairman of the Commission or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. (f) Public Presentations and Participation. (1) At an oral proceeding on a proposed rule, persons may make oral statements and documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. (2) Persons wishing to make oral presentation at such a proceeding shall notify the Commission at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or discretion may allow individuals to participate that have not previously contacted the Commission. (3) At the proceeding, those who participate shall indicate their names and addresses, identify any person or organizations they may represent, and provide any other information relation to their participation deemed appropriate by the Chairman of the Commission. (4) The Chairman may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage join oral presentations and to avoid repetition, additional time may be provided for person whose presentation represent the views of other individuals as well as their own views. (5) Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing. (6) There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the partisan's time where the orderly conduct of the proceeding so requires. (g) Conduct if Oral Proceeding (1) Presiding Officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by Commission for the proposed rule; (iii) call on those individuals who contacted the Commission about speaking on or against the proposed rule; (iv) allow for rebuttal statements following all participants' comments; (v) adjourn the proceeding. (2) Questions. The presiding officer, where time permits and to facilitate the exchange of information, 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 submission made by those participants in that proceeding; but no participant shall be required to answer any question. (3) Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Commission and are subject to the Commission's public request procedure. (4) Recording. The Commission may record oral proceedings by stenographic or electronic means.