Current through Register Vol. 35, No. 18, September 24, 2024
A.
Commission: The commission,
acting through a quorum, shall exercise all powers and duties not specifically
delegated to the commission chair, the commission counsel, the commission
secretary, or a hearing officer.
B.
Commission chair: The commission chair shall:
(1) preside at all meetings of the
commission; and
(2) act as hearing
officer in all cases pending before the commission until such time as another
hearing officer is appointed.
C.
Commission counsel: The
commission counsel shall:
(1) advise the
commission, the commission secretary, and the hearing officer on the legal
aspects of matters pending before the commission;
(2) to the extent that doing so would not
present a conflict of interest, advise individual commission members on legal
matters affecting their individual obligations as commission members;
(3) if so designated by the commission, act
as hearing officer for matters pending before the commission; and
(4) when requested by the commission, draft
orders and opinions to implement decisions of the commission.
D.
Hearing officer:
The commission may appoint a hearing officer for any matter pending before the
commission.
(1) A hearing officer may be a
commission member, the commission counsel, or an independent contractor, but
shall not be an officer or employee of any party.
(2) Except as otherwise provided in this
Part, a hearing officer shall have full authority to:
(a) rule upon motions for extension of time,
motions regarding discovery issues, and similar motions not seeking final
resolution;
(b) examine
witnesses;
(c) admit or exclude
evidence;
(d) require parties to
attend a prehearing conference, if deemed appropriate upon motion by a party or
upon the hearing officer's own motion;
(e) when requested by the commission, issue
proposed findings of fact and conclusions of law, a recommended decision, or
both; and
(f) take any other
actions deemed necessary and appropriate for the maintenance of order and the
conduct of a fair, impartial, and efficient adjudication of the issues in the
hearing.
(3) Nothing in
Paragraph 2 of this Subsection shall be deemed to preclude the hearing officer
from consulting with the commission prior to making a ruling on any matter
pending before the hearing officer, if the hearing officer deems such
consultation appropriate.
E.
Commission secretary: The
secretary of environment shall designate one department employee as commission
secretary, and one of more additional department employees to perform the
functions of the commission secretary in the commission secretary's absence.
(1) The commission secretary shall:
(a) maintain the commission's official
records;
(b) receive and file all
documents required to be filed with the commission; and
(d) exercise all other powers and duties
delegated by this Part or by the commission.
(2) The commission secretary may perform
other duties for the department so long as such other duties do not interfere
with the proper and timely performance of the duties required by this
Part.
