Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.5 - Public Hearing Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
This rule applies only to those public hearings
			 in which an opportunity to make oral presentations is authorized or required by
			 Iowa Code section
			 17A.4(1)
"b."
(2)
Scheduling and notice.
A public hearing on a proposed rule may
			 be held in one or more locations and shall not be held earlier than 20 days
			 after notice of its location and time is published in the IAB. That notice
			 shall also identify the proposed rule by ARC number and citation to the
			 IAB.
(3)
Presiding
			 officer.
The board, a member of the board, or another person
			 designated by the board who will be familiar with the substance of the proposed
			 rule, shall preside at the oral proceeding on a proposed rule. If the board
			 does not preside, the presiding officer shall prepare a memorandum for
			 consideration by the board summarizing the contents of the presentations made
			 at the oral proceeding unless the board determines that such a memorandum is
			 unnecessary because the board will personally listen to or read the entire
			 transcript of the oral proceeding.
(4)
Conduct of hearing.
At a
			 public hearing on a proposed rule, persons may make oral statements and make
			 documentary and physical submissions, which may include data, views, comments
			 or arguments concerning the proposed rule. Persons wishing to make oral
			 presentations at such a proceeding are encouraged to notify the board at least
			 one business day prior to the hearing and indicate the general subject of their
			 presentations. At the hearing, those who participate shall indicate their names
			 and addresses, identify any persons or organizations they may represent, and
			 provide any other information relating to their participation deemed
			 appropriate by the presiding officer. Hearings shall be open to the public and
			 shall be recorded by stenographic or electronic means.
a. At the beginning of the public hearing,
			 the presiding officer shall give a brief synopsis of the proposed rule, a
			 statement of the statutory authority for the proposed rule, and the reasons for
			 the board decision to propose the rule. The presiding officer may place time
			 limitations on individual oral presentations when necessary to ensure the
			 orderly and expeditious conduct of the hearing. To encourage joint oral
			 presentations and to avoid repetition, additional time may be provided for
			 persons whose presentations represent the views of other individuals as well as
			 their own views.
b. Persons making
			 oral presentations are encouraged to avoid restating matters which have already
			 been submitted in writing.
c. To
			 facilitate the exchange of information, the presiding officer may, where time
			 permits, open the floor to questions or general discussion.
d. The presiding officer shall have the
			 authority to take any reasonable action necessary for the orderly conduct of
			 the meeting.
e. Physical and
			 documentary submissions presented by participants in the hearing shall be
			 submitted to the presiding officer. Such submissions become the property of the
			 board.
f. The hearing may be
			 continued by the presiding officer to a later time without notice other than by
			 announcement at the hearing.
g.
			 Participants in a public hearing shall not be required to take an oath or to
			 submit to cross-examination. However, the presiding officer in a hearing may
			 question participants and permit the questioning of participants by other
			 participants about any matter relating to that rule-making proceeding,
			 including any prior written submissions made by those participants in that
			 proceeding; but no participant shall be required to answer any
			 question.
h. The presiding officer
			 in a hearing may permit rebuttal statements and request the filing of written
			 statements subsequent to the adjournment of the oral presentations.