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recommendation and any Contested Hearing Participant or member of the public may comment. <br />The hearing shall be a notice and comment hearing as authorized in § 37- 92- 102(4)(a) C.R.S. <br />(1999), and shall not be a formal agency adjudication under § 24 -4 -105 C.R.S. (1999). <br />5.51(B) These rules are intended to assure that information is received by the Board in a timely <br />manner. Where these rules do not address a procedure or issue, the Board shall determine the <br />procedures to be followed on a case -by -case basis. The Board may waive the requirements of <br />these rules whenever the Board determines that strict adherence to the rules is not in the best <br />interests of fairness, unless such waiver would violate applicable statutes. For any such waiver, <br />the Board shall provide appropriate justification, in writing, to persons who have Party or <br />Contested Hearing Participant status. <br />5.51(C) In a hearing on a contested Staff ISF recommendation, a Party may raise only those <br />issues relevant to the statutory determinations required by § 37- 92- 102(3)(c), C.R.S. (1999) <br />and set forth in Rule 5.40. <br />5.52 Procedures for Contesting a Staff Recommendation <br />5.52(A) Notice to Contest <br />5.52(A)(i) To contest a Staff ISF recommendation, a person must comply with the provisions of <br />this section. The Board must receive a Notice to Contest the Staff recommendation by March <br />31s <br />5.52(A)(ii) A Notice to Contest a Staff ISF recommendation shall be made in writing and <br />contain the following information: <br />a. Identification of the person(s) requesting the hearing; <br />b. Identification of recommendation(s) at issue; and <br />c. The contested facts and a general description of the data upon which the person will <br />rely to the extent known at that time. <br />5.52(A)(iii) After a Parry has filed a Notice to Contest a Staff ISF recommendation, any other <br />person may participate as a Party or a Contested Hearing Participant pursuant to Rules 5.52(B) <br />or 5.52(C). <br />5.52(A)(iv) Staff will notify all persons on the ISF Subscription Mailing List of contested Staff <br />Recommendations by April 10 <br />E-1] <br />