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This entry was published on 2014-09-22
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Public hearings
Executive (EXC) CHAPTER 18, ARTICLE 27
§ 812. Public hearings. 1. Public hearings authorized or required by
section eight hundred nine to be held by the agency in connection with
the review of projects shall be conducted as provided in this section,
the applicable project review rules and regulations of the agency
adopted under subdivision fourteen of such section, and the state
administrative procedure act.

2. Notice of such public hearings shall be given as required in
section eight hundred nine. Individual notices of hearing required under
such section shall be served by mail in the manner required by section
eight hundred nine of this article to the last known address of such
individuals. Individual notice of hearing shall also be so served on any
other person or agency, public or private, as may be required under the
agency's project review rules and regulations.

3. Parties to a public hearing shall be the project sponsor and any
person or agency entitled to individual notice and any other person or
agency as may be authorized under the agency's project review rules and

4. The public hearing may, if authorized by the agency's project
review rules and regulations, be conducted by any member or designee of
the agency, but any findings, decision, order, permit or certificate of
the agency shall be adopted by the agency, all members voting having
familiarized themselves with the record.

5. The agency, or member or designee thereof presiding at the hearing
shall have power to administer oaths and issue subpoenas to compel the
attendance of witnesses and the production of relevant documents and
papers, including witnesses and documents requested by the parties.

6. The parties shall be afforded the opportunity to present evidence
and argument and, in the case of the project sponsor, any person or
agency entitled by law to individual notice and any other public agency,
to cross-examine witnesses on all relevant issues, but the member or
designee presiding may impose reasonable limitations as to time and
number of persons heard.

7. The agency shall keep a verbatim record of the proceedings and
certified copies shall be made available, and for such reasonable
charges, as may be provided by rule or regulation of the agency.