Section ENV.04.18 — Authority And Procedures For Hearings

(a) The Commission or Division may hold public hearings, issue notices of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths, take such testimony as is deemed necessary, make findings and determinations, and issue orders, all in conformity with this Article.

(b) The Commission may adopt such rules and regulations governing procedures and hearings before the Commission or Division as may be necessary to assure that such hearings will be fair and impartial.

(c) At any hearing, any person who is affected by the proceeding and whose interests are not already adequately represented, shall have the opportunity to be a party thereto upon prior application to and in the sole discretion of and approval by the Commission or Division, as the case may be, and such person shall have the right to be heard and to cross examine any witness.

(d) After due consideration of the written and oral statements, the testimony, and the arguments presented at any such hearing, the Commission or Division, as the case may be, shall enter its written findings and final order, based upon evidence in the record.

(e) In all proceedings before the Commission or Division with respect to any alleged violation of any control regulation, permit or order, the burden of proof shall be upon the Division.

(f) The Commission or Division may designate a Hearing Officer who shall have the power to issue notices of hearing, to issue subpoenas requiring the attendance of witnesses and the production of evidence, to administer oaths, and to take such testimony as may be necessary and such Hearing Officer shall certify and file recommended findings and conclusion and a proposed order with the Commission or Division as appropriate, for adoption or modification by such Commission or Division. The Commission or Division may designate a Hearing Officer if the purpose of the hearing is to develop control regulations, or is held pursuant to Section ENV.04.20.

The Hearing Officer may be an employee of the Division.