[§269E-15]  Hearings.  (a)  Allhearings, 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 beapplied.  No informality in any hearing, investigation, or proceeding, or inthe manner of taking testimony shall invalidate any order, decision, or rulemade, approved, or confirmed by the commission.

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

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

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

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

(f)  A complete record of all proceedings andtestimony before the commission on any formal hearing shall be taken down by areporter appointed by the commission, and the parties shall be entitled to beheard in person or by attorney.  In case of an action to review an order ordecision of the commission, a transcript of the testimony, together with allexhibits or copies thereof introduced, and of the pleadings, records, andproceedings in the cause, shall constitute the record of the commission, butthe party or parties to the proceeding and the commission may stipulate thatdesignated 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]