1. (a) The department shall conduct an oral public hearing in a non-adjudicative proceeding:

   1. (1) When proposing to adopt, readopt, amend, or repeal rules;
   2. (2) To receive oral public comment on a license application if required by the statute or rules specific to such applications;
   3. (3) For any matter for which the department is required by law or by these rules to hold an oral hearing in a proceeding that is not an adjudicative proceeding pursuant to Env-C 204.01; and
   4. (4) For any other non-adjudicative matter for which the law does not require the department to hold an oral hearing but for which the department believes an oral public hearing would be of benefit.
2. (b) For any case in which an oral hearing is not required pursuant to (a), above, the department shall proceed with a record hearing.

Source. #5860, eff 7-1-94; ss by #6960, eff 3-25-99; ss by #8851-A, eff 3-25-07