Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-3 - RULES OF PROCEDURE FOR MEETINGS OF THE ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION › Section 335-2-3-.05 - Agenda And Public Participation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For any regularly scheduled meeting, the
				Chair of the Commission shall cause to be published a draft agenda on the
				Department website and forward it to the other Commission members at least 30
				(thirty) days prior to the Commission meeting. Included in the agenda shall be
				the consideration of the previous meeting's minutes, a report from the
				Director, committee reports, any pending recommendation from a hearing officer
				and other matters within the jurisdiction of the Commission.
(2) In order for the Commission to be better
				prepared on the subjects to be discussed, members of the public wishing to make
				presentations at regularly scheduled Commission meetings must first submit to
				the Commission Office a written request along with a description of their
				presentation. Written requests must include the name, address, telephone number
				and, if applicable, the email address of any and all persons who wish to
				deliver presentations before the Commission as well as a description of the
				matter to be presented. Written requests from members of the public wishing to
				make presentations before the Commission must be received by the Commission
				Office not later than 14 (fourteen) days prior to the next regularly scheduled
				meeting of the Commission. Such submissions shall be in writing and delivered
				by hand, U.S. Mail, facsimile, email or private express delivery service. The
				Commission may, at its discretion, approve, deny, and/or table presentation
				requests. The Chair of the Commission shall have the final agenda published
				along with the list of persons requesting to make presentations and the
				subjects to be addressed on the Department website and at the Commission office
				at least 7 (seven) days before the Commission meeting. The Commission shall set
				reasonable time limitations on public appearances before the
				Commission.
(3) After consideration
				of agenda items the commission may consider comments from the members of the
				public. While the Commission encourages public participation at its meetings,
				for reasons of fairness and due process to the parties in administrative and
				legal proceedings involving the Commission, it specifically discourages the
				members of the Commission from engaging in the non-deliberative discussion of
				any case or legal proceeding pending before the Commission, or of any decision
				by the Commission or matter involving the Commission or Department that is the
				subject of any ongoing case or legal proceeding. Parties to such proceedings
				and members of the general public shall not be permitted to use the public
				participation opportunities herein provided by the Commission to circumvent
				administrative or judicial procedures which specify the time and manner of
				presenting testimony, evidence, or comment to the Commission in a formal manner
				designed to provide due process to all parties.
(4) Members of the public wishing to appear
				before the Commission are encouraged to carefully observe the Commission's
				"Guidelines for Public Comment" applicable to this Rule. This is in order to
				facilitate the exchange of information between the Commission and the public in
				a manner that will enable the Commission to better serve the people of this
				state and their environment. The "Guidelines for Public Comment" shall be
				available on the Department's website and at the Commission Office.
(5) With the exception of a request for a
				stay of administrative action pending hearing, no item shall be added to the
				agenda that has not been submitted to the Commission's Executive Assistant at
				least 7 (seven) days prior to the Commission meeting.
Author:
Olivia H. Jenkins, Rulemaking Petition
					 Subcommittee, Alabama Environmental Management Commission
Statutory Authority:
Code of Ala. 1975, §
					 22-22 A-6.