State Affairs and Government

CHAPTER 42-17.7
Administrative Adjudication for Environmental Matters

SECTION 42-17.7-3

§ 42-17.7-3. Hearing officers – Appointment – Qualifications – Compensation.

(a) The governor, with the advice and consent of the senate, shall appoint up to four (4) hearing officers, who shall be attorneys-at-law who prior to their appointment shall have practiced law for a period of not less than five (5) years, for a term of five (5) years each; provided, however, that of such initial four (4) hearing officers, one shall be appointed for a term of two (2) years, one shall be appointed for a term of three (3) years, one shall be appointed for a term of four (4) years, and one shall be appointed for a term of five (5) years, and they shall be addressed as hearing officers.

(b) The governor shall designate one of these hearing officers as chief hearing officer. The hearing officers shall hear proceedings as provided by this chapter, and the director with the assistance of the chief hearing officer may promulgate such rules and regulations as shall be necessary or desirable to effect the purposes of this chapter.

(c) A hearing officer shall devote full-time to these administrative duties and shall not otherwise practice law while holding office nor be a partner nor an associate of any person in the practice of law.

(d) Compensation for hearing officers shall be determined by the department of administration.

(e) The chief hearing officer may in his or her discretion appoint outside hearing officers who shall have appropriate qualifications to so serve.

History of Section.
(P.L. 1989, ch. 508, § 1.)