Current through Register Vol. 50, No. 9, September 20, 2024
A. Scope. This regulation is applicable to
all public hearings and public notices pursuant to the SLCRMA. All such public
hearings that are determined to be necessary shall be nonadjudicatory public
proceedings conducted for the purpose of acquiring information or evidence
which will be considered in evaluating a proposed action, and will afford the
public an opportunity to present their views and opinions on such action.
Public notices shall provide the public with information regarding activities
that require such notice.
B. Public
Notice of Hearings
1. Public notice as
provided in
§728 shall be given at least 30 days in
advance of any public hearings. Notice shall be sent to all persons requesting
notices of public hearings and shall be posted in all governmental bodies
having an interest in the subject matter of the hearing. Such notice may be
limited in area consistent with the nature of the hearing.
2. The notice shall contain the time, place,
and nature of hearing; and the location of materials available for public
inspection.
C. Time and
Place. In fixing the time and place for a hearing, due regard shall be had for
the convenience and necessity of the interested public.
D. Presiding Officer
1. The governmental body holding the hearing
shall designate a staff member to serve as presiding officer. In cases of
unusual interest the administrator shall have the power to appoint such person
as he deems appropriate to serve as the presiding officer.
2. The presiding officer shall establish a
hearing file consisting of such material as may be relevant or pertinent to the
subject matter of the hearing. The hearing file shall be available for public
inspection.
E.
Representation. At the public hearing, any person may appear on his own behalf,
or may be represented by counsel or by other representatives.
F. Conduct of Hearings
1. Hearings shall be conducted by the
presiding officer in an orderly but expeditious manner. Any person shall be
permitted to submit oral or written statements concerning the subject matter of
the appropriate decision. Written statements may be presented any time prior to
the time the hearing file is closed. The presiding officer may afford
participants an opportunity for rebuttal.
2. The presiding officer shall have
discretion to establish reasonable limits upon the time allowed for statements
of witnesses, for arguments of parties or their counsel or representatives, and
upon the number of rebuttals.
3.
Cross-examinations of witnesses shall not be permitted.
4. All public hearings shall be recorded
verbatim. Copies of the transcript will be available for public inspection and
purchase at the office of the administrator.
5. All written statements, charts,
tabulations, and similar data offered in evidence at the hearing shall, subject
to exclusion for reasons of redundancy, be received in evidence and shall
constitute a part of the hearing file.
6. The hearing file shall remain open for a
period of 10 days after the close of the public hearing for submission of
written comments or other materials. This time period may be extended for good
cause.
7. In appropriate cases,
joint public hearings may be held with other state, federal, or local agencies,
provided the procedures of those hearings are generally consistent with the
requirements of this regulation.
8.
The procedures in Paragraphs 4 and 6 of this Subsection may be waived by the
presiding officer in appropriate cases.
G. Filing of Transcript of the Public
Hearing. The testimony and all evidence received at the public hearing shall be
made part of the administrative record of the action. All matters discussed at
the public hearing shall be fully considered in arriving at the decision or
recommendation. Where a person other than the primary decision making official
serves as presiding officer, such person shall submit a report summarizing the
testimony and evidence received at the hearing to the primary decision making
official for consideration.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
49:214.30.