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1 0.. PARTY STATUS <br />Any person who desires party status, and who is not the Applicant or who has not filed a <br />statement of opposition to the RICD, shall become a Party upon submittal of an application <br />for party status to the Staff. The application for party status shall include the name of the <br />entity, the mailing address of the entity, and a brief statement of the reasons why the entity is <br />seeking party status. The application for party status must be received at the Board Office <br />within thirty days after the Application Receipt Date. <br />}► The Staff does not recommend any changes to Rule 10. <br />b Rule 10 does not include some rudimentary components (e.g., that the application for party <br />status must be written and timely provided to the applicant). (Gunnison County) <br />11. STAFF REPORT <br />Within eighty days from the Application Receipt Date, the Staff shall provide a written report <br />to the Board, to the Applicant, and to all Parties based on the information provided by the <br />Applicant, and any other applicable information. Such written report shall include <br />recommended Findings of Fact and Recommendation based on these Rules. <br />}► The Staff recommends deletion of Rule 11 as it is no longer necessary given other changes in <br />the Rules. <br />b Rule 11 does not address how the Staff is to gather, disseminate or evaluate information <br />provided by the Applicant "and any other applicable information" (e.g., is there a pro forma <br />list of other agencies that must be consulted? What outside technical expertise is required? <br />Who chooses the expert? Who pays ?) The Rule does not create an opportunity for a draft <br />staff report (similar to a draft EIS) that is subject to scrutiny and revision before it is <br />forwarded to the Board. (Gunnison County) <br />b Modify by adding "submitted to the Staff' after "...other applicable information" and "a" <br />before "Recommendation" and "the provision of before "on these Rules ". (NCWCD, CSU) <br />12. REQUEST FOR A HEARING <br />The Applicant, any Party, or any Board member may request that the Board hold a public <br />hearing regarding a RICD. Such requests must be submitted in writing to and received at the <br />Board office within forty -five days after the Application Receipt Date. <br />}► The Staff recommends no changes to Rule 12. <br />Rules 12 and 14 establish an adversarial hearing process as the CWCB's evaluative tool; by <br />doing so, the CWCB foregoes numerous other evaluative processes. But having chosen this <br />process, the CWCB must proceed as a quasi-judicial body with carefully established and <br />identified hearing procedures, rules and policies regarding specific applications, including <br />notices, filing, response, open records, ex parte communications, relationship between staff <br />and Board members, conduct of the public hearing, oaths, the record of the hearing and <br />appeal, if any, of the Board's conduct or findings. (Gunnison County) <br />19 <br />