R15-1-5. Hearing Procedures

  (1) Notice.

  (a) An agency shall provide notice of a hearing by:

  (i) publishing the hearing date, time, place, and subject in the bulletin;

  (ii) mailing copies of the notice directly to persons who have petitioned for a hearing or rule changes under Section 63G-3-302 or 63G-3-601, respectively; and

  (iii) posting for at least 24 hours in a place in the agency's offices which is frequented by the public.

  (b) If a hearing becomes mandatory after the agency has published the proposed rule in the bulletin, the agency shall notify in writing persons requesting the hearing of the time and place.

  (c) An agency may provide additional notice of a hearing, and shall give further notice as may otherwise be required by law.

  (2) Hearing Officer.

  (a) The agency head shall appoint as hearing officer a person qualified to conduct fairly the hearing.

  (b) No restrictions apply to this appointment except the officer shall know rulemaking procedure.

  (c) If a state board, council, or commission is responsible for agency rulemaking, and holds a hearing, a member or the body's designee may be the hearing officer.

  (3) Time. The officer shall open the hearing at the announced time and place and permit comment for a minimum of one hour. The hearing may be extended or continued to another day as necessary in the judgment of the officer.

  (4) Comment.

  (a) At the opening of the hearing, the officer shall explain the subject and purpose of the hearing and invite orderly, germane comment from all persons in attendance. The officer may set time limits for speakers and shall ensure equitable use of time.

  (b) The agency shall have a representative at the hearing, other than the officer, who is familiar with the rule at issue and who can respond to requests for information by those in attendance.

  (c) The officer shall invite written comment to be submitted at the hearing or after the hearing, within a reasonable time. Written comment shall be attached to the hearing minutes.

  (d) The officer shall conduct the hearing as an open, informal, orderly, and informative meeting. Oaths, cross-examination, and rules of evidence are not required.

  (5) The Hearing Record.

  (a) The officer shall cause to be recorded the name, address, and relevant affiliation of all persons speaking at the hearing, and cause an electronic or mechanical verbatim recording of the hearing to be made, or make a brief summary, of their remarks.

  (b) The hearing record consists of a copy of the proposed rule or rule change, submitted written comment, the hearing recording or summary, the list of persons speaking at the hearing, and other pertinent documents as determined by the agency.

  (c) The hearing officer shall, as soon as practicable, assemble the hearing record and transmit it to the agency for consideration.

  (d) The hearing record shall be kept with and as part of the rule's administrative record in a file available at the agency offices for public inspection.