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Hearings shall be conducted pursuant to the Model Rules of Procedure, Chapter 28-106, Division of Administrative Hearings, except if there is any conflict, this procedure controls. The petitioner must demonstrate by clear and convincing evidence that a regulation is invalid. The petitioner shall be a substantially affected person* who suffers a real and sufficiently immediate injury as a result of the application of a regulation. Other substantially affected persons may join the proceedings as interveners on appropriate terms which shall not unduly delay the proceedings.
Within 30 days after the hearing, the hearing officer shall issue a recommended order directed to the Office of the General Counsel, which shall timely issue a final decision whether all or part of a regulation is invalid. If a regulation is declared invalid in whole or in part, notice of the decision shall be given on the General Counsel’s “Proposed Regulations” web page.
* A substantially affected person shall be any natural person with an interest within the zone of interest protected or regulated who suffers a real and sufficiently immediate injury in fact as a result of the application of a regulation. A substantially affected person shall also mean any association with a majority of natural persons as members satisfying the above-stated definition as long as the subject matter of the regulation is within the association’s general scope of interest and activity and the relief requested is of the type appropriate for a trade association to receive on behalf of its members.