Section ENV.05.13 — Hearings

(a) Not less than fifteen days after a hearing has been requested, the Commission, as the case may be, shall grant such request and set a time and place therefor.

(b) The Tribe shall appear as a party in any hearing before the Commission and shall have the same judicial review as any other Party.

(c) All testimony taken at any such hearing before the Commission shall be under oath or affirmation. A full and complete record of all proceedings and testimony presented shall be taken and filed.

(d) Any information relating to secret processes or methods of manufacture or production which may be required, ascertained, or discovered shall not be publicly disclosed in public hearings or otherwise and shall be kept confidential by any member, officer, or employee of the Commission, or the Tribe, but any person seeking to invoke the protection of this Section in any hearing for a variance shall bear the burden of proving its applicability.

(e) 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 approval by the Commission, in its sole discretion, as deemed reasonable and proper by said Commission, and such person shall have the right to be heard and to cross-examine any witness.

(f) After due consideration of the written and oral statements, the testimony, and the arguments presented at any such hearing, the Commission shall enter its findings and final order, based upon evidence in the record, or make such final determination of the matter as it shall deem appropriate.

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

(h) The applicant for a variance shall bear the burden of proof.

(i) Variances, orders, and determinations of the Commission shall become final within thirty days from the date on which they are issued, unless within such period the Commission grants a rehearing, or unless, within such period the Commission concludes that said variance, order or determination interferes with the attainment of the objectives of this Article, as set forth in Section ENV.05.12. If the Commission so concludes, it shall, within said thirty-day period, notify the applicant of such conclusion, including the nature of the interference involved, and allow the applicant ten days in which to request a hearing before the Commission on said variance, order, or determination, which hearing shall be set and held in accordance with the provisions of Section ENV.05.12. and of this Section. Following the hearing before the Commission, or if no hearing is requested, the Commission shall enter its final order affirming or modifying said variance, order, or determination.

(j) Every hearing granted by the Commission shall be conducted by a hearing officer designated by the Commission.