§ 1240.109 Hearing procedure.

(a) An Oral hearing held by the Board will be in accordance with the following procedures: (1) If the applicant requests a hearing within the time set in accordance with § 1240.108(d) or (e), the Board will set a place and date for such hearing and notify the applicant. (2) The applicant may be represented by an attorney or any other appropriately designated person. (3) Hearings will be open to the public unless the applicant requests that a closed hearing be held. (4) Hearings may be held before the full membership of the Board or before any panel of Board members designated by the Chairperson. (5) Hearings will be conducted in an informal manner with the objective of providing the applicant with a full opportunity to present evidence and arguments in support of the application. Evidence may be presented through means of such witnesses, exhibits, and visual aids as are arranged for by the applicant. While proceedings will be ex parte, members of the Board and its counsel may address questions to witnesses called by the applicant, and the Board may, at its option, utilize the assistance and testimony of technical advisors or other experts. (6) Subject to the provisions of § 1240.104(c)(2), the applicant will submit a copy of any exhibit or visual aid utilized unless otherwise directed by the Board. The Board may, at its discretion, arrange for a written transcript of the proceedings and a copy of such transcript will be made available by the recorder for purchase by the applicant. (7) No funds are available to defray traveling expenses or any other cost incurred by the applicant.