008.01 Calling
Public Hearings
The Board may at any time on its own motion order any public
hearing which the Board is authorized, either by law or by inherent authority,
to conduct and, after giving notice, conduct such hearing in the manner
appropriate to the nature of the hearing as hereinafter provided.
008.02 Formal Adjudicatory
Hearings
The Board will set a formal adjudicatory hearing when
requested by any individual appealing a decision of the Board. The Board hereby
adopts by reference for its rules of practice and procedure in any formal
adjudicatory hearing Title 184 NAC 1 - Rules of Practice and Procedure for
Administrative Hearings, except that the word "Board" will be substituted for
"Department".
008.03
Informal, Non-adjudicatory hearings
All hearings set by the Board, not formal adjudicatory
hearings, and which may include but not be limited to hearings called for rule
making and for public inputs into the Board responsibilities for advising and
consenting to Department rules and regulations will be informal,
non-adjudicatory hearings governed by this rule and regulation.
13-008.03A
Notice:
Notice will be given of all public hearings held by the Board. Except as
otherwise specified by law, the notice will be published at least once in a
newspaper or newspapers of general circulation in the state. The notice may
also be published in the area or areas which are affected by the business of
the hearing, if regional or local in nature and the publication will be made at
least ten days prior to the date of the hearing. The published notice will
contain information as to the date, time, place and purpose of the hearing, and
as appropriate will include an agenda of the meeting or the place where an
agenda is available.
13-008.03B
Presiding Officer or Hearing Examiner: The Chairperson
of the Board or his/her delegate will serve as presiding officer over the
hearing; however, the presiding officer will, in all cases, be a member of the
Board. The presiding officer may appoint a hearing examiner for the purpose of
assisting in the conduct of the hearing, which person may or may not be a
member of the Board.
13-008.03C
Powers of Officer or Examiner: The presiding officer
or hearing examiner will among other things, open the proceedings; enter into
the record the notice given of the hearing; take appearances; accept and see
that exhibits are properly numbered; answer questions asked or call upon other
persons present to answer questions asked; and close the proceedings. The
presiding officer and hearing examiner have no power, acting alone, to take any
action involving a final determination from the proceedings when action by law
is required of the Board. The record in any hearing will not be affected by any
change of presiding officers or examiners during the conduct of that
hearing.
13-008.03D
Oath Not Required: No person will be required to be
sworn or take an oath prior to presenting any comments, which may consist of
any oral or written question, statement relevant to the subject of the hearing,
and any document.
13-008.03E
Receipt of Comments: Comments at a public hearing will
ordinarily be received in the following sequence:
(1) Board member and staff;
(2) other state agencies (3) all other
persons in the order the presiding officer, at his/her discretion, chooses. All
persons present will be given the opportunity to be heard on matters relevant
to the business and purpose of the hearing.
13-008.03F
Presentation of
Comments: All persons presenting comments at a hearing must first
state their full name and address, and declare whether they are appearing on
their own behalf or on behalf of another person or organization, in which case
the person or organization represented must be named.
13-008.03G
Propriety of
Comments: All comments presented at the hearing are to be directed
at the business and purpose of the hearing. Any comments not directed at the
business and purpose of the hearing, or which are cumulative or repetitive,
must, at the request of the presiding officer or hearing examiner, be
terminated and excluded from the record.
13-008.03H
Staff
Comments: In addition to comments presented by other persons, the
Board may, through the Board staff or otherwise, secure and present such
comments as it may consider necessary or desirable. A copy of the notice given
for the public hearing and a statement explaining the business and purpose of
the hearing will be made as part of the record of the hearing.
13-008.03I
Record
Made: A record will be made of the hearing proceedings with the
comments presented being a part thereof. Such record may consist of written
statements and other documents along with tape recordings of oral evidence or
transcripts as deemed necessary by the Board.
13-008.03J
Record Held
Open: The record of public hearings may be held open for a
specific period of time at the discretion of the presiding officer for
submission of any comments not available or presented at the time of the
hearing. At the designated time the hearing will be closed by the presiding
officer or hearing examiner after the inclusion of any comments submitted and
accepted.
