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Rule 14 should read: "If a hearing is requested pursuant to Rule 12, the director shall appoint <br />a hearing coordinator, WHO SHALL NOT HAVE AUTHORITY TO RULE ON <br />SUBSTANTIVE ISSUES, BUT WHO SHALL set the date of the hearing(s) and establish <br />the procedures by which the evidence will be offered." (NCWCD, CSU) <br />g. The Board may take final action at the hearings) or at a later date. <br />}► The Staff recommends inclusion of the language "to a date certain" to avoid confusion. <br />b Modify by deleting "at a later date" and adding "continue the hearing and /or deliberations to <br />a date certain." (NCWCD, CSU) <br />b Modify to read "The Board may take final action at the hearing(s) or continue the hearing <br />and /or deliberations to a date certain." This provides needed certainty to the Applicant. <br />(NWCCOG -QQ) <br />h. The Board may permit general comments from any person who is not a Party; <br />however, the Board may limit these public comments to five minutes per person. <br />i. The Board will not apply the Colorado Rules of Evidence at hearing(s) on RICDs. <br />15. REQUIRED FINDINGS <br />Pursuant to Section 37- 92- 102(6), C.R.S. (2001), the Board shall consider the factors <br />identified in Rule 7 and shall send its written findings and recommendations to the water <br />court. <br />}► The Staff recommends removal of Rule 15 as it is duplicative of information contained in <br />Rule 18. <br />b Delete Rule 15. It is unnecessary in view of Rule 18. (NCWCD, CSU) <br />b Revise to read "At the close of the hearing, the Board shall determine whether to recommend <br />that the application be approved, approved with conditions or denied. In making its <br />determination, the Board shall evaluate the application in light of Rule 7 of these Rules <br />pursuant to Section 37- 92- 102(6), C.R.S. (2001) based on the record which shall include all <br />timely submittals to the Board by the Applicant, the Staff, any Party and the public." <br />(NWCCOG -QQ) <br />* Rule 15 would allow the CWCB to recommend indefinite postponement or denial of an <br />application based on the vague standard of "adequate information" without any further <br />particulars. Such a recommendation is not authorized by SB 216 and might result in a Rule <br />106, C.R.C.P. "mandamus" action against the Board. (Gunnison County) <br />16. LACK OF INFORMATION <br />If the Board does not have adequate information to make all of the findings required under <br />Rule 7 of the RICD Rules, the Board may recommend postponement or denial of the <br />application. <br />t► The Staff recommends removal of this Rule. <br />b Delete Rule 16. It no longer appears appropriate in view of the manner in which other <br />sections of the Rule have been modified. In other words, the applicant is no longer required <br />to provide information beyond a copy of the application. If information is not adequate, it is <br />because the Board has not received it from Staff. The Board retains discretion to recommend <br />denial or a grant with conditions if it does not believe that the statutory factors have been <br />22 <br />