To formalize a policy which sets forth the manner in which DEQ will conduct non-contested case public hearings. This policy shall supersede and replace PM96-3 adopted by DEQ on April 10, 1996 and shall supplement any other policies regarding administrative procedures adopted by DEQ. This policy does not cover contested case hearings conducted pursuant to Idaho Code § 67-5242 and IDAPA 16.05.03.100.02.

The presiding officer at non-contested case public hearings held by DEQ, including opportunities for oral presentation during the promulgation of substantive rules pursuant to Idaho Code § 67-5222(2), shall be a designated DEQ staff person or other employee of the State of Idaho, and the proceeding shall be recorded by tape recorder, except that due to the nature or circumstance of a particular hearing, DEQ may engage an outside, private hearing officer to preside over the hearing, and/or a certified court reporter to record the proceedings. The decision to engage an outside, private hearing officer or court reporter shall be made by the manager of the program which is the substance of the hearing, or the manager's supervisor.