Hearings

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  • (a) No rule or regulation and no amendment or repeal thereof, or permit issuance, significant modification, reopening or renewal shall take effect without public comment and/or hearing on due notice as provided herein.

  • (b) Nothing in this section shall be construed to require a hearing prior to the issuance of an emergency order pursuant to section 210 of this chapter.

  • (c) The Commissioner shall appoint one or more hearing examiners who by reason of training, education, or experience are qualified to hear and render decisions in contested cases arising under this chapter; provided, however, that the Commissioner may employ hearing examiners on a contractual basis so long as the number of appeals is such as not to require the services of full time hearing examiners.

  • (d) The function of the hearing examiners, acting as individuals or in assembly, shall be to hear and make a determination upon any proceeding instituted before them or upon any motions in connection therewith, assigned to them by the Commissioner and shall make a written finding of such determination which shall constitute the final determination of the proceedings. The findings of the hearing examiner shall become a final decision and order of the Commissioner within thirty (30) days after receipt of such report by the parties.

  • (e) The Commissioner shall have the power and authority to prescribe such rules as are necessary for the lawful and orderly transaction of proceedings and hearings under this chapter.

  • (f) Hearing examiners may order testimony to be taken by deposition in any proceedings pending before them. Any person may be compelled to appear and depose and to produce papers or documents in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before a court. Witnesses whose depositions are taken under this subsection and the persons taking such depositions shall be entitled to the same fees as are paid for like services in the courts of the United States Virgin Islands.

  • (g) The Commissioner may submit his final order to the Superior Court of the United States Virgin Islands for enforcement. If no petition for review or appeal is filed within the time provided for by the rules governing the Superior Court, the Commissioner's findings of fact and order shall be conclusive in connection with any enforcement which is filed by the Commissioner after expiration of such time for appeal. In any such case, as well as in the case of a noncontested Notice of Violation, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and giving it the same effect as an order of the court and shall transmit a copy of such decree to the Commissioner and alleged violator named in the Notice of Violation. In any contempt proceeding brought to enforce this decree and order of the court entered pursuant to this subsection, the court may assess the penalties provided in section 215 of this title, in addition to invoking any other available remedies.


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