Section 1.04 - Institution of an Adjudicatory Proceeding(1)Commencement of Proceeding. Proceedings may be initiated by a petition to construct, a petition for a certificate of environmental impact and public interest, a petition for other matters over which the Board has jurisdiction, or the Board's own motion.(2)Presiding Officer.(a) A Presiding Officer shall be assigned by the Director to conduct each adjudicatory proceeding. The Presiding Officer shall have the authority to take all actions necessary to ensure a fair, orderly and efficient proceeding. Such actions may include, but are not limited to: conducting evidentiary and public comment hearings; conducting site visits; ruling on petitions to intervene or to participate in a proceeding; establishing ground rules for a proceeding; holding procedural or other conferences; regulating the course of the hearing; prescribing the order in which evidence shall be presented; administering oaths and affirmations; examining witnesses and requiring them to produce evidence which will aid in the determination of any question of law or fact at issue; disposing of procedural requests or similar matters; hearing and ruling upon motions; issuing subpoenas; causing depositions to be taken; ruling upon offers of proof and receiving relevant material and probative evidence; fixing the time for filing briefs, motions and other documents in connection with hearing; and excluding any person from a hearing for disrespectful, disorderly, or contumacious language or conduct.(b) A Presiding Officer may at any time withdraw from a proceeding if the Presiding Officer deems himself or herself disqualified. Should a Presiding Officer withdraw, another Presiding Officer shall be appointed. Any party who becomes aware of grounds that may exist for the disqualification of a Presiding Officer must immediately file an affidavit which clearly sets forth the grounds for the disqualification.(3)Notice of Adjudication.(a) Notice shall be given at the beginning of any adjudicatory proceeding. The Presiding Officer shall give notice or shall require the applicant to give notice of an adjudication.(b) A notice shall set forth a summary statement of the matter to be adjudicated. The notice shall state:1. the name and address of the applicant;2. the address of the Board and the statement that any person desiring further information or wishing to participate in the proceeding may contact the Board; and3. the date, time, and address of any scheduled public comment hearing.(c) In cases where a proposed facility is the subject of the proceeding, notice shall be given by publication in at least two newspapers available in the vicinity of the proposed facility and as otherwise ordered by the Presiding Officer. In cases where a proposed facility is not the subject of the proceeding, notice by publication shall be given as ordered by the Presiding Officer. Notice shall further be given by first class mail or hand delivery to any person required by law or regulation to be so notified and to such other persons as the Presiding Officer may direct. Additional notice or publication shall be made, if required by statute or regulation, in the manner prescribed therein. Unless otherwise directed by the Board or Presiding Officer, the applicant is responsible for all costs related to the publication and distribution of notice.(d) In cases where a proposed facility is the subject of the proceeding, the notice shall contain a deadline for the filing of petitions to intervene as a party or participate as a limited participant. This deadline shall be no less than 14 days after the public comment hearing.(e) In cases where a proposed facility is not the subject of the proceeding, the deadline for the filing of petitions to intervene as a party or participate as a limited participant shall be as ordered by the Presiding Officer.(4)Repository of Documents. The Presiding Officer may require an applicant to place certain documents in one or more repositories to provide for public access to these documents. A repository of documents is a public library, public office, applicant's office, or similar location where documents involved in a particular proceeding may be kept and made available to members of the public. If a repository is required, the applicant shall be responsible for placing the documents therein and making adequate arrangements for convenient public access to the documents.(5)Public Comment Hearing. When required by statute or otherwise determined appropriate by the Presiding Officer, the Board shall hold a public comment hearing in one or more of the affected cities or towns. A public comment hearing shall be conducted to afford members of the general public an opportunity to comment on that matter. A public comment hearing shall be held as soon as practicable after the commencement of a proceeding. Comments made at a public comment hearing are not deemed to be evidence.