State Codes and Statutes

227.18

227.18 Conduct of hearings.

227.18(1)

(1) An agency shall hold a public hearing at the date, time and place designated in the notice of hearing. The person conducting the hearing shall:

227.18(1)(a)

(a) Explain the purpose of the hearing and describe how testimony will be received.

227.18(1)(b)

(b) At the beginning of the hearing, present a summary of the factual information on which the proposed rule is based, including any information obtained from an advisory committee, informal conference or consultation.

227.18(1)(c)

(c) Afford each interested person or a representative the opportunity to present facts, opinions or arguments in writing, whether or not there is an opportunity to present them orally.

227.18(1)(d)

(d) Keep a record of the hearing in a manner the agency considers desirable and feasible.

227.18(2)

(2) The person conducting the hearing may:

227.18(2)(a)

(a) Limit oral presentations if the hearing would be unduly lengthened by repetitious testimony.

227.18(2)(b)

(b) Question or allow others present to question the persons appearing.

227.18(2)(c)

227.18(2)(d)

(d) Continue or postpone the hearing to a specified date, time and place.

227.18(3)

(3)

227.18(3)(a)

(a) If the agency officer or a quorum of the board or commission responsible for promulgating the proposed rule is not present at the hearing, the procedures in this subsection apply.

227.18(3)(b)

(b) At the beginning of the hearing, the person conducting it shall inform those present that any person who presents testimony at the hearing may present his or her argument to the agency officer, board or commission prior to promulgation of the proposed rule if the request to do so is made in writing at the hearing.

227.18(3)(c)

(c) If required by the agency officer, board or commission, an argument shall be presented to the agency in writing. If oral arguments are permitted, the agency officer, board or commission may impose reasonable limitations on the length and number of appearances to conserve time and preclude undue repetition.

227.18(3)(d)

(d) If a record of the hearing has been made, arguments before the agency officer, board or commission shall be limited to the record of the hearing.

227.18(4)

(4) The procedures required by this section do not supersede procedures required by any statute relating to a specific agency or to the rule or class of rules under consideration.

227.18 - ANNOT.

History: 1985 a. 182.