Hearings required pursuant to this chapter shall be conducted as follows:
A. Hearing Commission: The hearing shall be before an impartial hearing commission consisting of three (3) members appointed by the Grundy County board upon recommendation from the environmental committee of the Grundy County board.
B. Prehearing And Hearing Notice: The office of solid waste management shall schedule and provide notice of the date, time and place of the prehearing conference and hearing. The prehearing conference shall be held at least three (3) weeks prior to the hearing or by mutual agreement of the parties.
C. Procedures: The prehearing conference and hearing shall be conducted in the following manner:
1. The prehearing conference shall define the issues, schedule the exchange of witness lists and documents and relevant testimonial evidence, determine whether intended evidence is cumulative and repetitive, and consider all other matters that will assist in a fair and expeditious hearing.
2. Each party shall exchange all relevant information and documentary evidence at least one week prior to the hearing date. Such information shall include all evidence intended for introduction at the hearing and includes, but is not limited to, the following: exhibits, statements, reports, witness lists including a description of the facts and opinions to which each is expected to testify, photographs, slides, and demonstrative evidence. Evidence not exchanged in accordance with this subsection C2 will not be considered in the hearing unless good cause is shown to the hearing commission.
3. The hearing shall be public and shall be recorded by a certified court reporter.
4. All witnesses shall testify under oath or affirmation.
5. The hearing is subject to the general rules of evidence with latitude necessary to gain facts or information. Irrelevant, immaterial or unduly repetitive evidence shall be excluded.
6. The office of solid waste management shall have the burden of proof through preponderance of the evidence.
7. The office of solid waste management, licensee or applicant and additional parties as determined by the hearing commission shall present evidence in that order. Each party shall have the opportunity to cross examine the witnesses.
8. The hearing commission shall make written findings of fact and conclusions based upon the evidence provided at the hearing.
9. The cost of making and preparing a record shall be borne by the applicant or licensee.
10. Appeal of a decision by the hearing commission shall be made to the circuit court within thirty (30) calendar days following the hearing commission decision. (Ord. 05-009, 5-10-2005)