La. Admin. Code tit. 46 § XXIII-307

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXIII-307 - Hearings and Meetings

A. The board shall meet as often as necessary to conduct its business.

B. In the performance of its duties, the board shall call and hold all meetings and hearings in accordance with the rules, or applicable state laws and the rules and regulations thereunder. All meetings or hearings shall be public and shall be conducted by the board or its designated presiding officer.

C. The time and place for all meetings or hearings shall be fixed by the board or the presiding officer. All meetings or hearings shall be held in a convenient place of public accessibility within the state.

D. Public Hearings. The board may conduct public hearings, the purpose of which is to gather data, public comments, and information, in an impartial manner, which may be used by the board in the exercise of its duties; however, hearings for the revocation, modification, or suspension of an operator's certification must be held in accordance with the provisions of Chapter 15 of these rules. The board may appoint an individual to act as presiding officer to conduct public hearings on behalf of the board.

1. Conduct

a. Public hearings shall be conducted in an orderly but expeditious manner. Any person may appear and present relevant oral or written statements and present recommendations. Reasonable restrictions, including time allotted to each speaker or group, may be imposed on such comments by the presiding officer conducting the hearing. Questions and answers are not in order unless agreed to in advance of the hearing by the presiding officer. Any person may present written statements to be included in the administrative record after the hearing and prior to the time that the record is closed to public comment.

b. At any meeting or hearing of the board, the chairman, or the presiding officer shall have the authority to regulate the course of the meeting or hearing and the conduct of all persons present, including the right to have any person, for misconduct or refusing to obey orders, removed from the hearing. The board or presiding officer may, at any time, continue the meeting or hearing to another time and/or location and/or terminate the meeting or hearing.

2. Record. All such public hearings and meetings shall be recorded verbatim. All written statements, charts, tabulations, and similar data offered at the hearing shall, subject to exclusion because of redundancy or immateriality, be admitted by the presiding officer. All evidence or materials admitted by the presiding officer at the hearing shall constitute the hearing record. If a presiding officer conducts the hearing on behalf of the board, he shall prepare a report of the proceedings for the board.

E. The board or the presiding officer may, for good cause, continue any meeting or hearing by one or more continuances of up to 60 days, each.

La. Admin. Code tit. 46, § XXIII-307

Promulgated by the Department of Natural Resources, Board of Certification and Training for Solid Waste Disposal Operators, LR 10:405 (May 1984), amended by the Department of Environmental Quality, Board of Certification and Training for Solid Waste Disposal Operators, LR 20:656 (June 1994), amended by the Office of Environmental Assessment, LR 30:2795 (December 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3152 and R.S. 37:3154.