Current through Register 1531, September 27, 2024
(1)
Commencement of Proceeding. Proceedings may be
initiated by a petition to construct, a petition for a certificate of
environmental impact and public interest, a petition for other matters over
which the Board has jurisdiction, or the Board's own motion.
(2)
Presiding
Officer.
(a) A Presiding Officer
shall be assigned by the Director to conduct each adjudicatory proceeding. The
Presiding Officer shall have the authority to take all actions necessary to
ensure a fair, orderly and efficient proceeding. Such actions may include, but
are not limited to: conducting evidentiary and public comment hearings;
conducting site visits; ruling on petitions to intervene or to participate in a
proceeding; establishing ground rules for a proceeding; holding procedural or
other conferences; regulating the course of the hearing; prescribing the order
in which evidence shall be presented; administering oaths and affirmations;
examining witnesses and requiring them to produce evidence which will aid in
the determination of any question of law or fact at issue; disposing of
procedural requests or similar matters; hearing and ruling upon motions;
issuing subpoenas; causing depositions to be taken; ruling upon offers of proof
and receiving relevant material and probative evidence; fixing the time for
filing briefs, motions and other documents in connection with hearing; and
excluding any person from a hearing for disrespectful, disorderly, or
contumacious language or conduct.
(b) A Presiding Officer may at any time
withdraw from a proceeding if the Presiding Officer deems himself or herself
disqualified. Should a Presiding Officer withdraw, another Presiding Officer
shall be appointed. Any party who becomes aware of grounds that may exist for
the disqualification of a Presiding Officer must immediately file an affidavit
which clearly sets forth the grounds for the disqualification.
(3)
Notice of
Adjudication.
(a) Notice shall be
given at the beginning of any adjudicatory proceeding. The Presiding Officer
shall give notice or shall require the applicant to give notice of an
adjudication.
(b) A notice shall
set forth a summary statement of the matter to be adjudicated. The notice shall
state:
1. the name and address of the
applicant;
2. the address of the
Board and the statement that any person desiring further information or wishing
to participate in the proceeding may contact the Board; and
3. the date, time, and address of any
scheduled public comment hearing.
(c) In cases where a proposed facility is the
subject of the proceeding, notice shall be given by publication in at least two
newspapers available in the vicinity of the proposed facility and as otherwise
ordered by the Presiding Officer. In cases where a proposed facility is not the
subject of the proceeding, notice by publication shall be given as ordered by
the Presiding Officer. Notice shall further be given by first class mail or
hand delivery to any person required by law or regulation to be so notified and
to such other persons as the Presiding Officer may direct. Additional notice or
publication shall be made, if required by statute or regulation, in the manner
prescribed therein. Unless otherwise directed by the Board or Presiding
Officer, the applicant is responsible for all costs related to the publication
and distribution of notice.
(d) In
cases where a proposed facility is the subject of the proceeding, the notice
shall contain a deadline for the filing of petitions to intervene as a party or
participate as a limited participant. This deadline shall be no less than 14
days after the public comment hearing.
(e) In cases where a proposed facility is not
the subject of the proceeding, the deadline for the filing of petitions to
intervene as a party or participate as a limited participant shall be as
ordered by the Presiding Officer.
(4)
Repository of
Documents. The Presiding Officer may require an applicant to place
certain documents in one or more repositories to provide for public access to
these documents. A repository of documents is a public library, public office,
applicant's office, or similar location where documents involved in a
particular proceeding may be kept and made available to members of the public.
If a repository is required, the applicant shall be responsible for placing the
documents therein and making adequate arrangements for convenient public access
to the documents.
(5)
Public Comment Hearing. When required by statute or
otherwise determined appropriate by the Presiding Officer, the Board shall hold
a public comment hearing in one or more of the affected cities or towns. A
public comment hearing shall be conducted to afford members of the general
public an opportunity to comment on that matter. A public comment hearing shall
be held as soon as practicable after the commencement of a proceeding. Comments
made at a public comment hearing are not deemed to be evidence.
