260.400. Procedure for conducting public hearings.
Procedure for conducting public hearings.
260.400. 1. At public hearings on variances or appeals ofdecisions hereunder, all hazardous waste facilities and hazardouswaste generators who are involved in such hearings shall have anappropriate person present. All testimony taken before thecommission shall be under oath and recorded stenographically. Thetranscript so recorded, upon payment of the usual chargetherefor, shall be made available to any member of the public,the respondent or party to a hearing on a complaint, any party toa hearing on a petition for variance or any party appealing anyorder or determination of the department or commission.
2. In any hearing, any member of the commission or thehearing officer shall issue in the name of the commission noticeof hearing and subpoenas and shall be authorized to require thattestimony before such hearing be given under oath. Subpoenasshall be issued and enforced as provided in section 536.077,RSMo. The rules of discovery that apply in any civil case shallapply 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 beheld before at least four members of the commission. All otherhearings may be held before one commission member designated bythe commission chairman or by a hearing officer who shall be amember of the Missouri bar and shall be appointed by thecommission chairman. The hearing officer or commission membershall preside at the hearing and hear all evidence and rule onthe admissibility of evidence. The hearing officer or commissionmember shall make recommended findings of fact and may makerecommended conclusions of law to the commission.
4. All final orders or determinations or other finalactions by the commission shall be approved in writing by atleast four members of the commission. Any commission memberapproving in writing any final action of the commission, who didnot attend the hearing, shall do so only after reviewing allexhibits 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 orrepeal thereof shall be adopted except after a public hearing tobe held after thirty days prior notice as required by theprovisions of chapter 536, RSMo, pertaining to administrativerulemaking and by press release or public advertisementcontaining the date, time and place of the hearing andopportunity given to the public to be heard;
(2) At the hearing, opportunity to be heard by thecommission with respect to the subject thereof shall be affordedany interested person upon written request to the commission,addressed to the department, not later than seven days prior tothe hearing, and may be afforded to other persons if convenient.In addition, any interested persons, whether or not heard, maysubmit, within seven days subsequent to the hearings, a writtenstatement of their views. The commission may solicit the views,in writing, of persons who may be affected by, knowledgeableconcerning or interested in proposed standards, rules andregulations, the state hazardous waste management plan or anylicense, permit or variance. Any person heard or represented atthe hearing or making written request for notice shall be givenwritten notice of the action of the commission with respect tothe subject thereof;
(3) Any standard, rule or regulation, amendment or repealthereof or state hazardous waste management plan shall not bedeemed adopted or in force until it has been approved in writingby at least four members of the commission.
(L. 1977 H.B. 318 § 11, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1993 S.B. 52)