Section 120-RICR-00-00-5.4 - Procedure for Conducting a Public HearingA. Convening of a Public Hearing1. Public Hearings may be held at the election of the Agency or as required pursuant to R.I. Gen. Laws § 42-35-2.8(c). A Public Hearing is required if the Agency receives a request for a Public Hearing from twenty-five (25) persons, or by a governmental agency, or by an association having not less than twenty-five (25) members, within ten (10) days of a notice posted in accordance with § 5.4(A)(2) of this Part. 2. Notice of Public Hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§ 42-35-2.7, 42-35-2.8, and 42-46-6, when applicable. 3. Public Hearings must be open to the public.4. The Public Hearing shall be held at a time and place designated by the Agency. The Public Hearing must not be held earlier than ten (10) days after notice of its location, date, and time is published on the Secretary of State's website and must be held at least five (5) days before the end of the public comment period pursuant to R.I. Gen. Laws § 42-35-2.8(c) and (d).5. In attendance on behalf of the Agency at the Public Hearing shall be the Presiding Agency Official, the Agency's Rules Coordinator, Agency legal counsel, and a representative from the specific department within the Agency to which the Proposed Rulemaking pertains, if any such department. One individual may fill one or more of these roles where applicable. 6. The Presiding Agency Official shall preside over the Public Hearing. If the Presiding Agency Official is not the Agency head, the Presiding Agency Official shall prepare a memorandum summarizing the contents of the presentations made at the hearing for consideration by the Agency head.B. Transcription 1. The Public Hearing shall be audio recorded or transcribed by a stenographer. 2. Any official transcript, recording, or memorandum summarizing presentations made during the Public Hearing prepared by an Agency official shall be made part of the rulemaking record in accordance with R.I. Gen. Laws § 42-35-2.3(b)(5). C. Testimony 1. Oral Testimony a. Members of the Public may make oral testimony during the Public Hearing.b. Members of the Public who wish to make oral testimony during the Public Hearing must add their name to the Speaker List.c. Members of the Public may add their name to the Speaker List at any time during the Public Hearing.d. Members of the Public will be called to testify in the order their names appear on the Speaker List.e. Each Member of the Public will be allowed to give testimony as often as the Member desires, up to a total maximum time limit of fifteen (15) minutes.2. Written Testimony a. Written testimony must be submitted pursuant to the instructions listed on the Notice of Proposed Rulemaking posted by the Agency pursuant to R.I. Gen. Laws § 42-35-2.7. b. Any written testimony received by the Agency regarding Proposed Rulemaking shall be made part of the rulemaking record in accordance with R.I. Gen. Laws § 42-35-2.3(b)(6).D. Disruptive Conduct- Members of the Public attending the Public Hearing shall not cause disruptions, including but not limited to speaking out of turn, use of foul language, yelling, screaming, other loud noises or disorderly conduct which interrupt or distract from the testimony of other Members of the Public or from the ability of the Presiding Agency Official to conduct the Public Hearing. Any Member of the Public may have their name removed from the Speaker List if they engage in disruptive conduct.120 R.I. Code R. 120-RICR-00-00-5.4