Office of Adjudications

 

Guidelines for Effective Public Comments

 

Public Comment Procedure

  • If a hearing for public comment is held in person, you must sign up to speak on the list provided at the hearing. A separate sign-up sheet will be provided for elected officials. If a public hearing is held via Zoom, you must indicate your interest in speaking when registering for the hearing or as directed by the Hearing Officer during the hearing.
  • The hearing officer will announce the guidelines for public comments, including any time limits for speakers.  The hearing officer will also announce the deadline for submitting any written comments, if being accepted.
  • To make sure everyone has a chance to speak, adjust your comments to the time limits and adapt your remarks to avoid making the same points made by previous speakers.
  • The hearing officer may ask you to make your comments under oath, or you may ask to speak under oath.  If you are sworn, your comments will be considered as evidence if they are relevant to the issues and you are qualified to make them. If you speak under oath, you will be subject to cross-examination by the parties, both on the substance of your comments and your credentials to make such comments.
  • Cross-examination can happen at the public hearing, but is more likely to occur at the evidentiary hearing; sworn speakers must be able to attend that evidentiary hearing.
  • Comments, oral and written, will be considered and made part of the administrative record if relevant to the subject of the hearing.
  • If you have prepared written comments, there is no need to read them in full at the hearing; you may summarize and submit them to the the hearing officer for inclusion in the record.  If you do not want to speak, you may just submit your written comments to the hearing officer. 
  • You may not question DEEP staff or any other party. The hearing is not a question-and-answer session. Direct any questions to the hearing officer.
  • Respectful behavior is expected from all participants. Outbursts and untimely remarks from the audience are prohibited. 
Tips for Effective Comments

  • Make your comments effective by knowing the facts and related issues
  • Comment only on issues relevant to the decision.
  • Follow the time limits set by the hearing officer.  State your concerns clearly and succinctly.  Target specific issues; include facts, data, experiences, or other evidence that supports your position.
  • Propose specific ideas or suggestions for solving any problems you identify.
  • Keep your comments brief and focused; do not feel compelled to comment on every issue.
  • Use your time well – avoid repetition, note any agreement with comments expressed by others, and move on.  Repetitive comments may show the extent of public interest, but additional relevant comments and information are more effective.
Written Comments

  • Must be submitted before or on the announced deadline to be considered.
  • Must focus on relevant issues and address the issues of concern.
  • May be submitted to the Hearing Officer via email or by mail.
  • Remember that constructive comments will help the hearing process; destructive comments are not helpful and will not be permitted.

Notice:  This document is intended to provide basic information to the public; it is not intended to be legal advice and should not be considered as such. The Office of Adjudications cannot provide any advice regarding participation in the hearing process or discuss specific cases.  Legal assistance should be provided by an attorney.

 

Content last updated April 2023