Current through P.L. 171-2024
Section 25-33.5-11-6 - Public hearing; notice; considering comments; final action on proposed rule(a) The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment if a hearing is requested by: (1) at least twenty-five (25) persons who submit comments independently of each other;(2) a governmental subdivision or agency; or(3) a duly appointed person in an association that has at least twenty-five (25) members.(b) If a hearing is held on the proposed rule or amendment, the commission shall publish the location, time, and date of the scheduled public hearing.(c) Any person wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of the person's desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.(d) The hearing shall be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.(e) No transcript of the hearing is required, unless a written request for the transcription is made. If a written request for a transcript is made, the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if the commission chooses to do so.(f) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.(g) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.(h) The commission shall, by a majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.(i) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.Added by P.L. 65-2022,SEC. 2, eff. 7/1/2022.