Administrative Record 23-30

• Year: 2009
• Instream Flow Rules - Doc Type: Rulemaking Hearings

a Identification of the P;~erson s requestin the hearin
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(b) Identification of the ISF appropriation(s) at issue: and,
(c) The contested facts and a general description of the data upon which the Person will
rely to the extent known at that time.
I (3) After a Party has filed a Notice to Contest an ISF appropriation, any other P,~erson may
participate as a Party or a Contested Hearing Participant pursuant to Rules 51. or 5m.
I (4) Staff will notify all °~ersons on the relevant ISF Subscription Mailing List(s) of contested ISF
appropriations by April 10t", or the first business day thereafter.
51. Party Status.
(1) Party status will be granted to any ~;~erson who timely files a Notice of Party Status with the Staff.
Any Person filing a Notice to Contest shall be granted Party status and need not also file a
Notice of Party Status. A Notice of Party status must be received by April 30'F, or the first
business day thereafter. A Notice of Party status shall set forth a brief and plain statement of the
reasons for obtaining Party status, the contested facts, the matters that the Person claims
should be decided and a general description of the data to be presented to the Board. The Board
will have discretion to grant or deny Party status to any Person who files a Notice of Party Status
after April 30'" or the first business day thereafter, for good cause shown.
(2) Only a Party may submit for the record technical evidence, technical witnesses or ale legal
memoranda. Each Party is responsible for mailing copies of all documents submitted for Board
consideration to all other Parties and Contested Hearing Participants.
3 The Staff shall automatically be a Pa in all proceedin s concernin contested ISF
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appropriations.
(4) Where a contested ISF appropriation is based fully or in part on another agency's
recommendation pursuant to Rule 5a., that agency shall automatically be a Party in any
proceeding.
(5) All Parties, whether they achieved such status by filing a Notice to Contest or a Notice of Party
Status, shall be afforded the same rights in the contested ISF appropriation proceedings.
Specifically, but without limiting the generality of the foregoing sentence. any Person who filed a
Notice of Party Status is entitled to raise issues not raised by any ~$erson who filed a Notice to
Contest.
5m. Contested Hearing Participant Status.
(1) Any P~person who desires to participate in the process, but not as a Party, may obtain Contested
Hearing Participant status by filing a notice thereof at the Board Office prior to April 30th. A
~$erson with such status will receive all Party documents specific to the contested appropriation.
Contested Hearing Participants may comment on their own behalf, but may not submit for the
record technical evidence, technical witnesses or legal memoranda. The Board will have
discretion to grant or deny Contested Hearing Participant status to any Person who filed a
Notice of Contested Hearing Participant Status after April 30~' or the first business day thereafter,
for good cause shown.
(2) The request for Contested Hearing Participant status must be received by April 30`", or the first
business day thereafter.
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