(1) Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Board of Directors of the Benton County Regional Solid Waste Management District meeting following their request for appeal.
(2) If a request for appeal is received within fourteen (14) days prior to a scheduled board meeting, the appeal will be heard at the next regularly scheduled board meeting.
(b)
(1) Any person who files a request for appeal shall have the right to be accompanied and advised by counsel according to Arkansas Code § 25-15-213.
(2) Every party shall have the right to appear in person or by counsel.
(c)
(1) The Benton County Regional Solid Waste Management District shall present its case first, followed by the appellant.
(2) Both sides may offer testimony and present evidence to be considered by the board.
(3) Cross-examination shall be allowed as well as questioning by the board.
(d)
(1) The hearing shall be conducted by the presiding chairperson of the board.
(2) Conduct of the hearing shall be informal.
(e) The chairperson shall be entitled to use their discretion to allow, disallow, or strike any evidence or testimony that they feel is irrelevant, unreliable, or duplicative.
(f)
(1) A court reporter shall be hired to develop a transcript of the hearing.
(2) This transcript, along with all evidence presented to and accepted by the chairperson, shall make up the administrative record in that matter.
(g)
(1) At the close of the hearing, the board shall enter a written order.
(2) Each party shall be responsible for drafting a written order to be submitted to the board.
(3) Alternatively, the board may draft an order at the close of the hearing.