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(1) The hearing examiner shall conduct an open record hearing on the Type 2 application.

(2) The department shall provide a summary of the report of the department and the contents of the project file.

(3) Any person may participate in the hearing and shall have the following rights, as limited by the hearing examiner rules of procedure:

(a) To call, examine, and cross-examine witnesses;

(b) To introduce documentary or physical evidence; and

(c) To present rebuttal evidence.

(4) All hearing testimony shall be taken under oath.

(5) An electronic transcript shall be made of the open record hearing.

(6) When an appeal of a Type 1 decision related to the Type 2 application has been filed, the open record hearing shall serve as both the appeal hearing and the predecision hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).