Section 260.400

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 1993   

  260.400.  Procedure for conducting public hearings. — 1.  At public hearings on variances or appeals of decisions hereunder, all hazardous waste facilities and hazardous waste generators who are involved in such hearings shall have an appropriate person present.  All testimony taken before the commission shall be under oath and recorded stenographically.  The transcript so recorded, upon payment of the usual charge therefor, shall be made available to any member of the public, the respondent or party to a hearing on a complaint, any party to a hearing on a petition for variance or any party appealing any order or determination of the department or commission.

  2.  In any hearing, any member of the commission or the hearing officer shall issue in the name of the commission notice of hearing and subpoenas and shall be authorized to require that testimony before such hearing be given under oath.  Subpoenas shall be issued and enforced as provided in section 536.077.  The rules of discovery that apply in any civil case shall apply to hearings held by the commission.

  3.  All hearings to adopt standards, rules and regulations, or to adopt the state hazardous waste management plan shall be held before at least four members of the commission.  All other hearings may be held before one commission member designated by the commission chairman or by a hearing officer who shall be a member of the Missouri bar and shall be appointed by the commission chairman.  The hearing officer or commission member shall preside at the hearing and hear all evidence and rule on the admissibility of evidence.  The hearing officer or commission member shall make recommended findings of fact and may make recommended conclusions of law to the commission.

  4.  All final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission.  Any commission member approving in writing any final action of the commission, who did not attend the hearing, shall do so only after reviewing all exhibits and reading the entire transcript.

  5.  The following requirements shall apply to the adoption, amendment and repeal of standards, rules and regulations:

  (1)  No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held after thirty days prior notice as required by the provisions of chapter 536 pertaining to administrative rulemaking and by press release or public advertisement containing the date, time and place of the hearing and opportunity given to the public to be heard;

  (2)  At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the department, not later than seven days prior to the hearing, and may be afforded to other persons if convenient.  In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views.  The commission may solicit the views, in writing, of persons who may be affected by, knowledgeable concerning or interested in proposed standards, rules and regulations, the state hazardous waste management plan or any license, permit or variance.  Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof;

  (3)  Any standard, rule or regulation, amendment or repeal thereof or state hazardous waste management plan shall not be deemed adopted or in force until it has been approved in writing by at least four members of the commission.

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(L. 1977 H.B. 318 § 11, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1993 S.B. 52)