5 LcdKe QQe \S
April 23, 1982
Re: Administrative Proceedings/Recommended Orders
QUERY: When a Hearing Officer has concluded the hearing,
prepared a Recommended Order which is now before
the Governing Board for action, what testimony or
other public statements can be heard before the
Board prior to acting on the Recommended Order?
DISCUSSION: At the last Board meeting there was a Recommended
Order relating to lake levels. The Order recommended the adoption
of specific elevations. The hearing before the Hearing Officer was
attended by several hundred people and lasted quite sometime. A
large delegation appeared at the last Board meeting and wanted to
give public testimony before the Board took action.
I cautioned the Board that they should not take further evidence
relating to the findings of fact unless they rejected the Recommended
Order and re-opened the hearing for additional testimony. No one
liked this suggestion and the Board members said they wanted to
hear what the public wanted to say about the matter.
Before you get too deeply involved, let's talk about this.
fz /9- 2Y