(1) Notice must be given of proceedings at which Type 3 acts will be considered or acted upon. Notice shall be in writing and shall be at least 21 days prior to proceedings at which a Type 3 act may be considered by the commission. Notice of the Type 3 act shall be by mailing or delivery to the address specified by all persons who have made a written request for such notice and to all interested parties. Such notice shall include: (a) a brief description of the substance of the proposed action or of the subjects and issues involved; (b) a statement of the time and place of the proceeding; and (c) any instructions regarding the manner in which interested persons may present to the commission data, views, or arguments related to the action. With consent of the commission, the parties to a Type 3 act may agree to a different schedule or procedure.

(2) At the beginning of the proceeding, the president must inquire as to whether any commissioner, including the president, has a conflict of interest in, or any other disqualification (collectively, “conflict”) relating to, the action. Should the president fail to make this inquiry, any interested party may inquire whether any commissioners have a conflict in the proceeding. Should the issue of conflict of interest be raised, the commissioners without a conflict of interest shall determine how best to proceed in the interest of fairness. Should a commissioner have a conflict, the commissioner shall recuse himself from the proceedings and be excused from the hearing room.

(3) The president shall be the presiding officer and must give interested persons an opportunity to present data, views, or arguments in regard to the resolution.

(4) All commissioners, including the president, may ask questions of any party that presents oral or written materials to the commission.

(5) If the commission determines that, to properly consider and act upon a Type 3 act, it is desirable to manage the proceeding like a formal judicial proceeding, the president shall do so. The president shall conduct the proceedings and decide all issues of admissible information and testimony, shall administer oaths and affirmations, shall oversee testimony of witnesses, and shall regulate the course of the proceeding (including, for example, time allowed for receipt of evidence and argument).

(6) A verbatim record of that portion of the proceeding at which the matter is considered must be kept. The verbatim record, the minutes of the meeting, and all records or materials reviewed by or made available to the commission prior to the commission’s action on the Type 3 act shall constitute the record for the Type 3 act. “All records” includes, but is not limited to, the records of the district, the district engineer, other district personnel, and other consultants pertaining to the Type 3 act. All records and materials provided to the commission at the proceeding, but prior to the commission’s formal action on the resolution, shall become part of the record for the action.

(7) Any Type 3 act may be delegated by the commission to a hearing examiner. The hearing examiner shall make a recommendation to the commission regarding how to decide the Type 3 act. The commissioner shall rule on the recommendation of the hearing examiner, on the record before the examiner. The commissioners may, but need not, hear argument on any action on the recommendation of a hearing examiner. [Res. 541 § 6, 2002.]