§2050.11.  Adjudicatory hearings, in general; intervention; withdrawal; public hearing

A.  An adjudicatory hearing shall be conducted in accordance with the procedures prescribed in the Administrative Procedure Act.

B.  An aggrieved person has the right to intervene as a party in an adjudicatory hearing when the intervention is unlikely to unduly broaden the issues or to unduly impede the resolution of the matter under consideration.

C.(1)  An applicant, a respondent, or other aggrieved person may withdraw a request for an adjudicatory hearing at any time.

(2)  If all requests are withdrawn, the preliminary permit decision, compliance order, or penalty assessment becomes a final permit or enforcement action.

D.  When a public hearing is held in conjunction with an adjudicatory hearing, the former shall precede the latter.

E.  The record of the public hearing held in conjunction with an adjudicatory hearing shall be made available to the parties to the adjudicatory hearing.

Acts 1995, No. 947, §1, eff. Jan. 1, 1996.