75-10-926. Hearing examiner -- restrictions -- duties. (1) The board shall appoint a hearing examiner to conduct certification proceedings under 75-10-901 through 75-10-945. The hearing examiner may not be a member of the board or an employee of the department or the board. A hearing examiner must be appointed within 20 days after the department's report has been filed with the board.
     (2) A prehearing conference must be held, following notice, within 60 days after the department's report has been filed with the board.
     (3) The prehearing conference must be organized and supervised by the hearing examiner.
     (4) The prehearing conference must be directed toward a determination of the issues presented by the application, the department's report, and an identification of the witnesses and documentary exhibits to be presented by the active parties who intend to participate in the hearing.
     (5) The hearing examiner shall require the active parties to submit, in writing, and serve upon the other active parties all direct testimony that they propose and any studies, investigations, reports, or other exhibits that any active party wishes the board to consider. These written exhibits and any documents that the board itself wishes to use or rely on must be submitted and served at least 20 days prior to the date set for the hearing. For good cause shown, the hearing examiner may allow the introduction of new evidence at any time.
     (6) The hearing examiner shall allow discovery that must be completed before the commencement of the hearing upon good cause shown and under other conditions as the hearing examiner prescribes.
     (7) Public witnesses and other interested public parties may appear and present oral testimony at the hearing or submit written testimony to the hearing examiner at the time of their appearance. These witnesses are subject to cross-examination.
     (8) The hearing examiner shall issue a prehearing order specifying the issues of fact and of law, identifying the witnesses of the active parties, naming the public witnesses and other interested parties who have submitted written testimony in lieu of appearance, outlining the order in which the hearing will proceed, setting forth those criteria listed in 75-10-929 as to which no issue of fact or law has been raised and that are conclusively presumed and are not subject to further proof except for good cause shown, and listing any other special rules to expedite the hearing that the hearing examiner adopts with the approval of the board.
     (9) At the conclusion of the hearing, the hearing examiner shall declare the hearing closed and shall, within 60 days of that date, prepare and submit to the board proposed findings of fact, conclusions of law, and a recommended decision.
     (10) The hearing examiner appointed to conduct a certification proceeding under this section shall ensure that the time of the proceeding, from the date the department's report is filed with the board until the recommended report and order of the examiner is filed with the board, does not exceed 9 calendar months unless extended by the board for good cause.
     (11) The board or hearing examiner may waive all or a portion of the procedures set forth in subsections (2) through (8) to expedite the hearing for a facility when the department has recommended approval of a facility and no objections have been filed.

     History: En. Sec. 21, Ch. 468, L. 1991.