(a) At least 30 days prior to the date of a proposed
board meeting during which the board may review a contested case,
department staff shall notify the parties regarding the opportunity
to attend and provide an oral presentation concerning a proposal for
decision before the board. The department will deliver notice in accordance
with §215.30 of this title (relating to Filing of Documents),
using the last known address that the parties provided to the department.
(b) If a party seeks to provide an oral presentation
at the board meeting, it must submit a written request for an oral
presentation to the department's contact listed in the notice provided
under subsection (a) of this section and copy all other parties in
accordance with §215.49 of this title (relating to Service of
Pleadings, Petitions, Briefs, and Other Documents) at least 14 days
prior to the date of the board meeting at which the party's contested
case will be considered.
(c) If there is more than one other party who was not
adversely affected by the proposal for decision, such parties may
agree on the order of their presentations in lieu of the order prescribed
under §215.62(c) of this title (relating to Order of Presentations
to the Board for Review of a Contested Case). If the parties who were
not adversely affected by the proposal for decision do not timely
provide the department and the other parties with notice under subsection
(b) of this section regarding their agreed order of presentation,
their order of presentation will be determined under §215.62(c)
of this title.
(d) If a party timely submits a written request for
an oral presentation, that party may make an oral presentation at
the board meeting. If a party fails to timely submit a written request
for an oral presentation, that party shall not make an oral presentation
at the board meeting.
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