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examination, etc. by what may be a host of parties; 4) state that a hearing 'may' be recorded; <br />5) not establish the burden of proof, and 6) state that the Board 'may' take final action at an <br />unspecified 'later date' this raises the possibility of a'pocket veto'. Rule 14 should also clearly <br />state that the Board's findings and recommendations are based upon the record and are <br />limited to the factors identified in the statute and Rule 7. (Gunnison County) <br />a. The Hearing Coordinator shall determine the date and location of all hearings. <br />}► The Staff recommends adopting the language below. <br />b Modify by adding "in consultation with the applicant" between "shall" and "determine" <br />(NWCCOG -QQ) <br />b. The Board shall mail a notice of the hearings) to the Applicant and all Parties. Such <br />notice shall be mailed at least 35 days prior to the hearing date(s). <br />C. Any Party may present testimony or offer other evidence regarding whether the RICD <br />should be granted, granted with conditions or denied. <br />d. The Hearing Coordinator shall set timelines and deadlines for all written submissions. <br />Written submissions shall include, but not be limited to the following: 1) a list of all <br />disputed factual and legal issues, 2) the position of the Party regarding the disputed <br />factual and legal issues; 3) a list identifying all of the witnesses that will testify for the <br />Party, and a summary of the testimony that those witnesses will provide; and 4) copies <br />of all exhibits that the Party will introduce at the hearing(s). <br />�► The Staff recommends <br />b Modify by adding "including prehearing and rebuttal statements" after "...all written <br />submissions ". Delete "disputed" before "factual" in part 1 and replace with "known ". Delete <br />"disputed" before "factual" in part 2. It is unclear exactly how the Board contemplates this <br />process will work. What the "disputed" issues are may not be known receipt of preliminary <br />submission (or prehearing statement) by other parties. These modifications are suggested for <br />this paragraph, though other approaches may also be appropriate. (NCWCD, CSU) <br />e. Board hearings may be recorded by a reporter or by an electronic recording device. <br />Any Party requesting a transcription of the hearings) shall be responsible for the cost <br />of the transcription. <br />f. The Hearing Coordinator shall determine the order of testimony for the hearing(s), <br />and shall decide other procedural matters related to the hearing(s), including but not <br />limited to the deadlines for written submissions and written testimony. The Hearing <br />Coordinator does not have authority to rule on substantive issues, which authority rests <br />solely with the Board. <br />}► The Staff recommends <br />b Modify by deleting "deadlines for written submissions and written testimony. The Hearing <br />Coordinator does not have authority to rule on substantive issues, which authority rests solely <br />with the Board." Replace with "need for, timing, and extent of allowable discovery." Current <br />"deadlines" language simply repeats 14(d). The current last sentence of 14(f) does not belong <br />there. If the Board is inclined to include this concept in the Rule, the introductory sentence to <br />21 <br />