[§269E-15]  Hearings.  (a)  All
hearings, investigations, and proceedings shall be governed by this section,
chapter 91, and by rules of practice and procedure adopted by the commission,
and in the conduct thereof, the technical rules of evidence need not be
applied.  No informality in any hearing, investigation, or proceeding, or in
the manner of taking testimony shall invalidate any order, decision, or rule
made, approved, or confirmed by the commission.



(b)  Complaints may be made, in writing, by the
commission on its own motion or by the State, county, excavator, or any
operator, setting forth any act or thing done, or omitted to be done by any
excavator or operator in violation or claimed to be in violation, of any
requirement of this chapter or of any order or rule of the commission.



(c)  All matters upon which complaint may be
founded may be joined in one hearing, and no motion shall be entertained
against a complaint for misjoinder of causes of action or grievances or
misjoinder or nonjoinder of parties.  In any review by the courts of orders or
decisions of the commission, the same rule shall apply with regard to the
joinder of causes and parties as herein provided.  The commission shall not be
required to dismiss any complaint because of the absence of direct damage to
the complainant.



(d)  Upon the filing of a complaint, the
commission shall cause a copy thereof to be served upon the operator or
excavator complained of.  Service in all hearings, investigations, and
proceedings pending before the commission may be made upon any person upon whom
a summons may be served in any proceeding before the courts of this State, and
may be made personally or by mailing in a sealed envelope, registered or
certified, with postage prepaid.  The commission shall fix the time when and
place where a hearing will be had upon the complaint and shall serve notice
thereof, not less than fifteen days before the time set for the hearing.



(e)  At the time fixed for any hearing before
the commission or the time to which the hearing has been continued, the
complainant and the person complained of, and such persons as the commission
allows to intervene, shall be entitled to be heard and to introduce evidence. 
The commission shall issue process to enforce the attendance of all necessary
witnesses. After the conclusion of the hearing, the commission shall make and
file its order, containing its decision which shall be based on findings of
fact and conclusions of law therein stated.  A copy of each order shall be
served upon the person complained of, or the person's attorney.



(f)  A complete record of all proceedings and
testimony before the commission on any formal hearing shall be taken down by a
reporter appointed by the commission, and the parties shall be entitled to be
heard in person or by attorney.  In case of an action to review an order or
decision of the commission, a transcript of the testimony, together with all
exhibits or copies thereof introduced, and of the pleadings, records, and
proceedings in the cause, shall constitute the record of the commission, but
the party or parties to the proceeding and the commission may stipulate that
designated parts of the record need not be transmitted to the appellate court,
as provided by the rules of the court. [L 2004, c 141, pt of §1]