§ 78D-30. Procedure for entry of an order.
§ 78D‑30. Procedure forentry of an order.
(a) The Administratorshall commence an administrative proceeding under this Chapter, by enteringeither a notice of intent to do a contemplated act or a summary order. Thenotice of intent or summary order may be entered without notice, withoutopportunity for hearing, and need not be supported by findings of fact orconclusions of law, but must be in writing.
(b) Upon entry of anotice of intent or summary order, the Administrator shall promptly notify allinterested parties that the notice or summary order has been entered and thereasons therefor. If the proceeding is pursuant to a notice of intent, theAdministrator shall inform all interested parties of the dates, time, and placeset for the hearing on the notice. If the proceeding is pursuant to a summaryorder, the Administrator shall inform all interested parties that they have 30business days from the entry of the order to file a written request for ahearing on the matter with the Administrator and that the hearing will bescheduled within 20 days after the receipt of the written request.
(c) If the proceedingis pursuant to a summary order, the Administrator, whether or not a writtenrequest for a hearing is received from any interested party, may schedule thematter for hearing on the Administrator's own motion.
(d) If no request for ahearing, other responsive pleading, or submission is received by theAdministrator within 30 business days of receipt of service of notice ofsummary order under subsection (b) of this section and no hearing is ordered bythe Administrator, the summary order will automatically become a final orderafter 30 business days from the date service of the notice of summary order wasreceived.
(e) If a hearing isrequested or ordered, the Administrator, after notice of, and opportunity for,hearing to all interested persons, may modify or vacate the order or extend ituntil final determination.
(f) No final order ororder after hearing may be returned without:
(1) Appropriate noticeto all interested persons;
(2) Opportunity forhearing by all interested persons; and
(3) Entry of writtenfindings of fact and conclusions of law.
Every hearing in anadministrative proceeding under this Chapter shall be public unless theAdministrator grants a request joined in by all the respondents that thehearing be conducted privately. (1989, c. 634, s. 1; 1998‑196, s. 1; 2001‑126,s. 8.)