Section 125. Hearing procedures

A. The official transcript of the public hearing conducted by the approving authority shall be the transcript taken at the public hearing by a court reporter employed by the agency. The official transcript of any public hearing will be available from the court reporter to the public at cost.

B. Except as otherwise amended by motion, public hearings shall be as follows:

1. The chairman of the commission shall call the public hearing to order and shall give or cause to be given (i) the general nature of the hearing and the statutory authority for it; (ii) introduction into the record of a copy of the notice stating the time, place, date or dates such notice was given, and the method whereby it was served; (iii) the presentation of the evidence.

2. Unless otherwise directed by the approving authority, or unless provided for under special rules governing the particular case, evidence and testimony will ordinarily proceed in the following order, followed by such rebuttal evidence as may be necessary and proper: (i) the commission's staff, (ii) producers or their representatives, (iii) distributors or their representatives, (iv) consumers.

C. An employee of the agency shall be designated as the hearing clerk for the purpose of administering oaths and affirmations, accepting and controlling evidence and briefs, and calling witnesses. Employees serving as hearing clerks will also be responsible for the preparation of a report of the proceedings with recommendations and proposed findings and conclusions. This report shall be made available to participants and other interested parties when requested in writing. It shall serve as the basis for exceptions, briefs and arguments to the agency.

D. Exhibits offered in evidence during the public hearing will be given an identifying number. Exhibits will be numbered consecutively beginning with the number one and will bear an identifying suffix giving the name and organization of the person introducing it.

E. Participants and other interested parties shall be permitted to become a party to the proceedings and to conduct cross examination of witnesses upon written request. Written requests shall be received by the agency not less than five working days prior to the date of the hearing. The agency reserves the right to limit the number of individuals from the same organization that will be permitted to cross examine witnesses.

F. All witnesses shall testify under oath and following their testimony shall be examined by the approving authority and its attorney.

G. Briefs may be required or allowed at the discretion of the approving authority. The time for filing briefs shall be fixed at the time they are required or authorized. For the purpose of expediting the proceeding, parties may be required to file their respective briefs on the same day. Unless otherwise ordered by the approving authority, reply briefs will not be permitted or received. The time for filing reply briefs will be fixed by the approving authority.

H. The approving authority shall make its decision only on evidence introduced at the public hearing. The approving authority shall adopt, along with its order, its finding of facts and conclusions of law.

Historical Notes

Derived from Volume 13, Issue 26, eff. October 15, 1997.

Statutory Authority

§ 3.2-3204 of the Code of Virginia.