The hearing is the opportunity to present information and arguments about how the law and factual evidence support each party’s position. A record of the hearing will be made by a court reporter.

The presiding officer will meet with the parties before the hearing to see if they have agreed to admit the exhibits into evidence and to see if there are any other issues that need to be resolved before starting.

The presiding officer will start the hearing by taking appearances (introductions) from the parties. Generally, each side is given the chance to make an opening statement, present witnesses, question the witnesses presented by the other parties, present exhibits (documents), and challenge exhibits presented by the other parties. Finally, each side will have an opportunity to make a closing statement. The board then will consider all the evidence and law and later issue a written decision.

Hearing Type and Location

Hearings may be in-person, remote through video, or a hybrid (some people in the room and some on a video call). The type and location for the hearing will be discussed with the parties at the prehearing. The board will set the location based on a number of factors including the convenience of witnesses and attorneys, travel costs, public health, and availability of a suitable location near the site in controversy. Every effort is made to hold the hearing in a convenient way.