W. Va. Code R. § 184-8-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 184-8-11 - Conduct of a Hearing

11.1. Hearings will be moderated by a responsible official of or selected by the Authority.

11.2. The Authority will have on hand an individual who is sufficiently familiar with the project to answer questions raised by citizens.

11.3. The Authority's presentation will be concise and effort will be expended to reduce technical terminology.

11.4. The Authority's presentation will include, but not be limited to, the need for the proposed project, alternative courses of action if any are appropriate; alternative project locations and major features; social, economic, environmental and other effects of the alternatives and the consistency of the project with local planning goals and objectives. The alternatives, if any, presented at each hearing will be developed to comparable levels of detail.

11.5. Provision will be made by the Authority for submission of written statements and other exhibits in addition to oral statements at hearings. Cutoff dates for all written statements will be announced to be five days after the hearing.

11.6. At a hearing involving a federally funded project, the federal-state relationship will be described.

11.7. The Authority will explain its relocation assistance program, if any, and relocation assistance payments at each public hearing where appropriate.

11.8. At a federally assisted project hearing the public will be advised that prior to location or design approval all information developed in support of the proposed location or design will be available for public inspection for 14 working days.

11.9. The Authority will provide, for the convenience of those wishing to speak for or against any project which is the subject of a public hearing, an appropriate registration document for the purpose of reserving time within which to present their position for or against the project. Signing in will not be a condition precedent to making a presentation at the hearing. Those parties attending the public hearing and signed on the appropriate registration roster will be given first opportunity to speak for or against the project, in the order in which they sign in. Initial presentations shall be limited to a period no longer than five minutes for each party wishing to make his or her position known with regard to the project; thereafter, to the extent allowed by the remaining time set for the hearing, the Authority will permit others who have not registered to make their position with regard to the project known. In the event all parties attending the hearing have presented their position with regard to the project, the time allowed for the hearing remains, those who have registered prior to commencement of the hearing will be permitted an additional two minutes each for presentation of additional information to the Authority.

11.10. Parties appearing at the hearing may present their information by oral presentation or by written presentation. After the close of the hearing, no further oral presentations will be accepted by the Authority, but written comment sheets on a form prepared by the Authority, will be available for members of the public to submit, provided, however, that such written submissions may not be considered by the Authority if they are received more than five (5) days after the last date upon which the hearing is conducted.

11.11. To the extent possible, the Authority will attempt to determine the number of members of the public who will attend the hearing, and shall make provisions for premises large enough to accommodate that number. In the event an unforeseen number of members of the public appear to make their presentation at the hearing, and the site selected for the hearing is not large enough to accommodate all parties, preference will be given to those members of the public who have registered to speak prior to commencement of the hearing. Thereafter, the Authority will make every reasonable attempt to allow additional room for those parties who wish to make presentations, but as a result of space restrictions could not earlier be admitted to the hearing room.

W. Va. Code R. § 184-8-11