North Carolina Administrative Code (Last Updated: November 13, 2014) |
TITLE 15A. ENVIRONMENT AND NATURAL RESOURCES |
CHAPTER 14. GOVERNOR'S WASTE MANAGEMENT BOARD |
SUBCHAPTER A. RULES OF PROCEDURE FOR IMPLEMENTING THE LIMITED PREEMPTION PROCESS |
15A NCAC 14A .0408. CONDUCT OF HEARING
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(a) In accordance with information provided in the Notice of Hearing, any non‑party may appear before the Board at the hearing to offer testimony. In addition to testimony before the Board, any non‑party may submit additional evidence to the Board for its consideration.
(b) The Board may, in its discretion, set the order of presentation and place reasonable time limits on the testimony of each person who appears before the Board at the hearing.
(c) Members of the Board may ask questions of any person who appears before the Board at the hearing.
(d) The Board shall hold the record open to receive written comments from persons for 20 days after termination of the hearing.
(e) All parties shall have the right to present evidence, rebuttal testimony, and argument relevant to the issues.
(f) A party shall have all evidence to be presented, both oral and written, available on the date for hearing. In cases when the hearing time is expected to exceed one day, the parties shall be prepared to present their evidence at the date and time ordered by the Board.
(g) The Board shall serve copies of all orders or decisions on all parties simultaneously. Any party sending a letter, exhibit, brief, memorandum, or other document to the Board shall simultaneously serve a copy on all other parties.
(h) A party need not be represented by an attorney. If a party has notified other parties of that party's representation by an attorney, all communications shall be directed to that attorney.
(i) Any non‑party offering testimony or other evidence may be questioned by parties to the case and by the Board.
History Note: Authority G.S. 104E‑6.2; 143B‑216.13(14);
Eff. February 1, 1990.