§ 17-0901. Hearings.

1. Public hearings shall be conducted by the commissioner, or his duly
designated representative or representatives prior to issuance of an
order directing any person to discontinue discharge of sewage,
industrial waste or other wastes which contravene the standards
established for any waters of the state or standards, criteria,
limitations, rules or regulations promulgated or applied pursuant to
title 8 hereof.

2. The hearings herein provided may be conducted by the commissioner,
or by the duly designated hearing officer or officers, at any time and
place.

3. A record, or summary thereof, of the proceedings of said hearings
shall be made and filed with the department. If requested to do so by
any party concerned with said hearing, the full stenographic notes of
the testimony presented at said hearing shall be taken and filed. The
stenographer shall, upon the payment of his fees allowed by law
therefor, furnish a certified transcript of the whole or any part of his
notes to any party to the action requiring the same.

4. In any such hearing, the hearing officer or any member of the
hearing panel, may administer oaths, examine witnesses, and issue, in
the name of the department, notices of hearings and subpoenas requiring
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in any such hearing. A designation of a
person or persons by the commissioner to perform the functions herein
authorized shall be in writing and filed in the department.

5. In case of contumacy or refusal to obey a notice of hearing or
subpoena issued under this section, the supreme court shall have
jurisdiction, upon application of the commissioner or his duly
designated representative, to issue an order requiring such person to
appear and testify or produce evidence, as the case may require, and any
failure to obey such order of the court may be punished by said court as
a contempt thereof.