(a) The following persons shall preside at an adjudicatory public hearing:
(1) One (1) or more members of the Arkansas Pollution Control and Ecology Commission; or
(2) One (1) or more examiners or referees designated by the commission or the commission's administrative law judge.
(b) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. No examiner may participate in a proceeding in which he or she has participated as or on behalf of the charging party in such proceeding. Any party may file an affidavit of personal bias or disqualification, which shall be ruled on by the commission and granted if timely, sufficient, and filed in good faith.
(c) Presiding officers at a public hearing shall have power:
(1) To set the time and place for the public hearing in accordance with regulations issued by the commission;
(2) To issue subpoenas for the attendance and testimony of witnesses and the production of documents or things and to issue the subpoena forthwith on the written application by any party therefor;
(3) To administer oaths and affirmations and permit cross-examination;
(4) To take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity;
(5) To maintain order;
(6) To rule upon all questions arising during the course of a hearing or proceeding;
(7) To permit discovery by deposition or otherwise;
(8) To hold conferences for the settlement or simplification of issues;
(9) To grant stays or temporary relief under conditions they prescribe in accordance with regulations issued by the commission pursuant to this chapter;
(10) To recommend a final adjudicatory decision to the commission or, if the commission so designates, to issue a final adjudicatory decision which shall be the decision of the commission; and
(11) Generally to regulate and guide the course of the pending proceeding.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.