Any person who wishes to submit a petition requesting the adoption, amendment, or repeal of a rule by the Board must address a petition to the Executive Director of the Board. The Executive Director of the Board will make a recommendation to a committee of the Board and the committee will recommend to the full Board, based on a study of the facts stated in the petition, whether the public interest will be better served by granting or denying the petition. The Board will consider all the contents of the submitted petition plus any additional information deemed relevant. Prior to any Board action in a contested case, the Board will give the parties in the case an opportunity for a hearing without undue delay and notice not less than 15 days before the hearing. The notice of hearing is given personally or by certified mail.
Hearings are open to the public and are conducted in a fair and impartial manner.
At the hearing, the Board and the parties are given an opportunity to present evidence on issues of fact, examine and cross-examine witnesses, submit rebuttal evidence, and present arguments on issues of law or policy. If a party fails to appear in a contested case after he or she has been given proper notice, the agency may continue the hearing or proceed with the hearing and make its decision in the absence of the party. The Board may itself conduct an informal pre-hearing conference or may designate a committee to conduct such a conference.