AG Opinion

• Year: 2009
• Instream Flow Rules - Doc Type: Post Rulemaking Documents

(3) Staff shall notify all Parties and Contested Hearing Participants of the list of Contested Hearing
Participants prior to May 315c. Thereafter. Parties shall also mail their prehearing statements and
any other documents to Contested Hearing Participants-
5n. Prehearing Conference.
(1) The Board will designate a Hearing Officer, who shall schedule and preside over prehearing
conferences and assist the Parties with procedural matters, such as setting prehearing
conferences and adjusting deadlines and schedules to further the Parties' settlement efforts or for
other good cause shown. All prehearing conferences will be scheduled and held prior to the July
Board meeting.
(2) On or before five working days before the prehearing conference. each Party shall file 25 copies
of its prehearing statement with the Board: and provide an electronic version when possible. The
prehearing statement shall identify all exhibits, engineering data, biological data and reports or
other information that the Party v/ill rely upon at the hearing and shall contain:
(a) A specific statement of the factual and legal claims asserted (issues to be resolved) and
the legal basis upon which the Party will rely:
(b) Copies cf ali exhibits to be introduced at the hearing;
(c) ~: list of witnesses to be called and a brief description of their testimony:
(d;. ~=n alternative proposal to the proposed ISF appropriation:
(e) =~:11 '+ritt:..?' testimony to be offered into evidence at the hearing:
and
(f) ,%~ny legal memoranda.
Each Party shall deliver a copy of its prehearing statement to all other Parties, Contested Hearing
Participants. the Hearing Officer and directly to the Assistant Attorneys General representing Staff
and the Board five working days before the prehearing conference. The Board will r_ot consider
information. other than rebuttal statements and testimony provided at the hearing pursuant to
Rule 5p.(2). submitted by the Parties after this deadline except for good cause shown or as
agreed upon by the Parties.
(3) Any Contested Hearing Participant may also submit written comments 5 working days prior to the
prehearing conference. Contested Hearing Participants who submit written comments for the
Board's consideration shall provide 25 copies to the Board, and a copy to all other Contested
Hearing Participants. Parties: the Hearing Officer and the Assistant Attorneys General
representing Staff and Board. and provide an electronic version when possible.
(4) The prehearing conference will afford the Parties the opportunity to address such issues as time
available for each Party at the hearing, avoiding presentation of duplicative information,
consolidation of concerns, etc. The Parties may formulate stipulations respecting the issues to be
raised, vritnesses and exhibits to be presented, and/or any other matters which may be agreed to
or admitted by the Parties. At the prehearing conference, the Parties shall make known any
objections to the procedures or evidence that they may raise at the hearing unless such
objections could not have been reasonably determined at that time.
,~
(5) August 15~~', or the first business day thereafter, is the last day for submission of written rebuttal
statements. including testimony. legal memoranda. and exhibits. Twenty-five copies of such