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Rules of Practice and Procedure 04-25-13
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Rules of Practice and Procedure 04-25-13
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oaths or affirmations and to take all other actions necessary for the orderly conduct of <br /> the hearing. <br /> (b) Continuance of Hearing. Each hearing shall be held at the time and place set in the <br /> notice of hearing but may at such time and place be continued by the presiding <br /> officer from day to day without notice other than the announcement thereof at the <br /> hearing or to a later date in accordance with section 5-2 of these rules. <br /> (c) Order of Proceeding. At the commencement of the hearing,the presiding officer <br /> shall read the notice of hearing and shall then outline briefly the procedure to be <br /> followed. Testimony shall then be received with respect to the matters specified in <br /> the notice of hearing in such order as the presiding officer shall prescribe. <br /> (d) Submission and Testimony. Each witness shall,before proceeding to testify, state <br /> the witness'name, address and whom the witness represents at the hearing, and shall <br /> give such information respecting the witness' appearance as the presiding officer may <br /> request. The presiding officer shall confine the testimony to the matters for which <br /> the hearing has been called but shall not apply the technical rules of evidence. Every <br /> witness shall be subject to questioning by the members of the Commission or by any <br /> other representative of the Commission. <br /> (e) Oral and Written Presentation. Any interested person or agency will be afforded an <br /> opportunity to submit data,views, or arguments, orally or in writing,that are relevant <br /> to the matters specified in the notice of hearing. The period for filing written <br /> comments or recommendations may be extended beyond the hearing date by the <br /> presiding officer for good cause. An original and ten copies of any written <br /> comments,recommendations, or replies shall be submitted. <br /> (e) Transcript of the Evidence. Unless otherwise specifically ordered by the <br /> Commission,testimony given at the public hearing shall not be reported verbatim. <br /> All supporting written statements, maps, charts,tabulations, or similar data offered in <br /> evidence at the hearing, and which are deemed by the presiding officer to be <br /> authentic and relevant, shall be received in evidence and made a part of the record. <br /> Unless the presiding officer finds that the furnishing of copies is impracticable, seven <br /> copies of the exhibits shall be submitted. <br /> 5-4 Commission Action. <br /> The Commission will consider all relevant comments and material of record before taking <br /> final action in a rulemaking proceeding. Final action shall be taken within sixty days after <br /> the final public hearing, or after the expiration of any extension period for submission of <br /> written comments or recommendations. <br /> 5-5 Emergency Rulemaking. <br /> If the Commission finds that an imminent peril to public health or safety requires adoption, <br /> amendment, or repeal of a rule upon less than twenty days'notice of hearing and states in <br /> writing its reasons for such finding,it may proceed without prior notice or hearing or upon <br /> such abbreviated notice and hearing as it finds practicable to adopt an emergency rule. The <br /> Commission shall make an emergency rule known to persons who will be affected by it by <br /> publication at least once in a newspaper of general circulation in the County. <br /> 7-19 <br />
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