§ 15-58-210 - Adjudicatory hearing -- Presiding officers.
15-58-210. Adjudicatory hearing -- Presiding officers.
(a) The following persons shall preside at an adjudicatory public hearing:
(1) One (1) or more members of the Arkansas Pollution Control and Ecology Commission; or
(2) One (1) or more examiners or referees designated by the commission.
(b) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. No examiner may participate in a proceeding in which he or she has participated as or on behalf of the charging party in such proceeding. Any party may file an affidavit of personal bias or disqualification, which shall be ruled on by the commission and granted if timely, sufficient, and filed in good faith.
(c) Presiding officers at a public hearing shall have power:
(1) To set the time and place for the public hearing in accordance with regulations issued by the commission;
(2) To issue subpoenas for the attendance and testimony of witnesses and the production of documents or things and to issue the subpoena forthwith on the written application by any party therefor;
(3) To administer oaths and affirmations and permit cross-examination;
(4) To take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity;
(5) To maintain order;
(6) To rule upon all questions arising during the course of a hearing or proceeding;
(7) To permit discovery by deposition or otherwise;
(8) To hold conferences for the settlement or simplification of issues;
(9) To grant stays or temporary relief under conditions they prescribe in accordance with regulations issued by the commission pursuant to this chapter;
(10) To recommend a final adjudicatory decision to the commission or, if the commission so designates, to issue a final adjudicatory decision which shall be the decision of the commission; and
(11) Generally to regulate and guide the course of the pending proceeding.