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2006 Planning Commission Rules
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2006 Planning Commission Rules
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4-3 Conflict with Other Time and Notice Requirements <br />In any case of conflict of time and notice requirements between this rule and any other <br />rule of the Commission, the provisions of this rule shall be applied. <br />4-4 Service of Notices, Documents, and Other Papers <br />(a) Upon Whom Served. All notices, documents, and other papers shall be served on <br />the Commission and all parties, except that where a party is represented, such <br />representative shall be served, rather than the party. <br />(b) Method of Service. Service shall be made by personal delivery, first-class mail, <br />or by other means authorized by law. If by mail, service shall be regarded as <br />complete upon the mailing of an item which is properly stamped and addressed. <br />(c) Additional Time after Service by Mail. Whenever a party has the right or is <br />required to do some act within a prescribed period after the service of a notice, <br />document, or paper upon that party by mail, two days shall be added to the <br />prescribed period. <br />4-5 Presiding Officer <br />(a) Person Presiding. The chairperson of the Commission, one of its members, or a <br />hearing officer duly appointed and designated, shall preside at the hearing. <br />(b) Powers. The presiding officer controls the course of hearings, administers oaths, <br />rules on questions of evidence, holds appropriate conferences before or during <br />hearings, rules upon all objections or motions which do not involve a final <br />determination of the proceeding, receives offers of proof, fixes the time for the <br />filing of briefs, disposes of any other matter that normally and properly arises in <br />the course of a hearing, and takes all other actions authorized by law that are <br />deemed necessary for the orderly and just conduct of a hearing. <br />(c) Continuance. The presiding officer may postpone or continue any hearing to <br />ensure the orderly and just conduct of a hearing. <br />4-6 Notice of Contested Case Hearing <br />(a) Unless otherwise provided by law, the notice of hearing will be served on all <br />parties and persons on the mailing list for this purpose at their last recorded <br />addresses within a reasonable time after the hearing date has been set. The notice <br />shall include a statement of: <br />(1) The date, time, place, and nature of hearing; <br />(2) The legal authority under which the hearing is to be held; <br />(3) The particular sections of the statutes and rules involved; <br />4-2 <br /> <br />
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