§ 23-0305. Powers and duties of the commissioner and the department.\n 1. The provisions of this section shall apply only to rules,\nregulations, orders and hearings made or conducted in the administration\nof this article.\n 2. No rule, regulation, order or amendment thereof, except in an\nemergency, shall be made by the department without a public hearing upon\nat least ten days' notice, exclusive of the date of service. The public\nhearing shall be held at such time and place as may be prescribed by the\ndepartment and any interested person shall be entitled to be heard.\n 3. When an emergency requiring immediate action is found to exist, the\ndepartment may make an emergency order without notice or hearing, which\nshall be effective when made. No emergency order shall be effective for\nmore than fifteen days.\n 4. Any notice required by this article shall be given by the\ndepartment by any one or more of the following methods: (a) personal\nservice, (b) publication in one or more issues of a newspaper of general\ncirculation in the county where the land affected or some part thereof\nis situated, or (c) by registered or certified mail addressed, postage\nprepaid, to the last known mailing address of the person or persons\naffected. The date of service shall be the date on which service was\nmade in the case of personal service, the date of first publication in\nthe case of notice by publication, and the date of mailing in the case\nof notice by mail. The notice shall specify the style and number of the\nproceeding, the time and place of the hearing, and shall briefly state\nthe purpose of the proceeding. Should the department elect to give\nnotice by personal service, such service may be made by any officer\nauthorized to serve process, or by any agent of the department in the\nsame manner as is provided by law for the service of process in civil\nactions in the courts of the state.\n 5. All rules, regulations and orders made by the department shall be\nin writing, shall be entered in full and indexed in books to be kept by\nthe department for that purpose, and shall be public records open for\ninspection at all times during reasonable office hours. A copy of any\ndepartment rule or regulation shall be received in evidence in all\ncourts of this state with the same effect as the original, if certified\nby a member or duly authorized employee of the department.\n 6. The department may act upon its own motion or upon the application\nof any interested person. On the filing of an application concerning any\nmatter within the jurisdiction of the department, pursuant to this\narticle, the department shall promptly fix a date for a hearing thereon,\nand shall cause notice of the hearing to be given. The hearings shall be\nheld without undue delay after the filing of the petition. The\ndepartment shall make its order within sixty days after the conclusion\nof the hearing.\n 7. To aid in the administration of this article, the commissioner may\nissue subpoenas in his name requiring the attendance and giving of\ntestimony by witnesses and the production of books, papers and other\ndocumentary evidence for any hearing, proceeding or investigation\nconducted or to be conducted by or before the department. Service of\nsuch a subpoena, enforcement of obedience thereto, and punishment for\ndisobedience thereof shall be had as and in the manner provided by the\nCivil Practice Law and Rules relating to enforcement of a subpoena\nissued by a board or committee except that in the case of hearings,\nproceedings or investigations before or conducted by the department\nneither the holder of a permit or lease issued pursuant to this article,\nnor an employee of such permit holder or lessee, nor an officer or\nstockholder in a permittee or lessee corporation, when required to\nattend as a witness, shall be entitled to any subpoena fee or mileage.\nAny member of the department or any person who may be designated by the\ndepartment to hold
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