As Amended
SEC. 49-20-15. Hearing on proposed acquisition; procedures; guidelines.
(1) The Secretary of State may, prior to approving or disapproving an acquisition under this chapter, conduct a hearing to consider such proposed acquisition. Upon the written request of the river timberlands company or the person filing the statement described in Section 49-20-7, the Secretary of State shall conduct such a hearing.
(2) Any written request for hearing must be filed with the Secretary of State within thirty (30) days of the date notice of the filing of the statement described in Section 49-20-7 is given.
(3) When a hearing is requested, the Secretary of State shall, within fifteen (15) days after receipt of the request for hearing, designate an administrative hearing officer to conduct the hearing and set a date, time and place for the hearing. The Secretary of State shall simultaneously give written notice, by certified mail with return receipt requested, to the river timberlands company and to the person filing the statement described in Section 49-20-7, both of which shall be parties to the hearing.
(4) Each party shall, not later than ten (10) days prior to the date set for hearing, file with the administrative hearing officer and with all other parties copies of all documents such party may seek to introduce into evidence at the hearing, together with a list of witnesses such party may call to testify at the hearing. The list of witnesses shall disclose each witness' name; his current residential and business address, if known; his current residential and business telephone number, if known; and whether each such person will testify in person or by affidavit.
(5) The administrative hearing officer shall have the power to issue subpoenas and subpoenas duces tecum with respect to the hearing. The administrative hearing officer shall issue a subpoena or subpoena duces tecum upon the request of any party, unless the administrative hearing officer finds that such subpoena or subpoena duces tecum would be burdensome, oppressive or disclose confidential or proprietary information.
(6) The hearing shall be conducted under the following guidelines:
(a) The administrative hearing officer shall have the authority to administer oaths and affirmations.
(b) Each party may be represented by attorneys or other authorized representatives.
(c) The hearing shall be stenographically recorded.
(d) Proceedings at the hearing shall be informal, and technical rules of evidence shall be relaxed.
(e) All witnesses shall testify under oath, and all witnesses who appear shall be subject to cross-examination. A witness who does not appear may testify by affidavit, provided that the party presenting the witness' affidavit has complied with the requirements of subsection (2) of this section with respect to such witness.
SOURCES: Laws, 1991, ch. 326 Sec. 8, eff from and after passage (approved March 15, 1991).