33-0717. Public hearing regarding registration.In the event a hearing is requested, the commissioner shall, after due notice, hold a public hearing for the purpose of receiving evidence relevant and material to the issues raised by the objections. Any report, recommendations, underlying data, and reasons certified to the commissioner by an advisory committee shall be made a part of the record of the hearing, if relevant and material. Upon request of the commissioner, petitioner, or hearing officer, the advisory committee shall designate one of its members to appear and testify at the hearing with respect to its report and recommendations. However, any other member of the advisory committee may also appear and testify at the hearing. As soon as practicable after completion of the hearing, the commissioner shall evaluate the data and reports before him, act upon the objections and issue an order granting, denying, or canceling the registration. Such order shall be based only on substantial evidence of record at such hearing, including any report, recommendations, underlying data, and reason certified to the commissioner by an advisory committee, and shall set forth detailed findings of fact upon which the order is based. In connection with consideration of any registration or application for registration under this section, the commissioner may consult with any federal agency or any other state department or agency.
Last modified: February 3, 2019