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0 standards set forth in the Required Findings section. Recommends rewriting this section. <br /> (NWCCOG-QQ) <br /> Va . EA.RING PROCEDURES <br /> If a hearing is requested pursuant to Rule 1211, the Director shall appoint a Hearing <br /> Coordinator to set the date of the hearing(s) and establish the procedures by which evidence <br /> will be offered. <br /> R► The Staff recommends no changes to this rule, except to change the rule number it refers to. <br /> Many of the changes requested are not necessary as this type of hearing is not a quasi- <br /> adjudicatory hearing as suggested by some of the commenters. The Board merely makes a <br /> non-binding recommendation to the water court, with the findings of fact contained in such <br /> recommendation subject to rebuttal by any party to the water court proceeding. The Board <br /> is not determining any entity's rights or adversely affecting the protected interests of specific <br /> individuals. <br /> b Rule 14 requires substantial attention to withstand challenge(see explanation under Rule 12). <br /> It is not sufficient, for example, to 1) avoid addressing the applicability of 24-4-105, C.R.S.; <br /> 2) allow the Hearing Coordinator to determine, without guidance in the Rules, the hearing <br /> location; 3)not address the logistics of examination, cross examination,re-direct <br /> 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 /> 0 <br /> a. The Hearing Coordinator shall, in consultation with theA pp licant, determine the date <br /> and location of all hearings. <br /> •► The Staff recommends adopting the language, as suggested below. <br /> ' Modify by adding "in consultation with the applicant" between "shall" and "determine" <br /> (NWCCOG-QQ) N. <br /> b. The Board shall ce of he hearings) to the Applicant and all Parties. Such <br /> notice shall be mailed at least 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,g. rated with conditions or denied. <br /> I <br /> vyd. The Hearing Coordinator shall set timelines and deadlines for all written submissions. <br /> VVr,L___itle. s 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); and, 5)prehearinz and <br /> rebuttal statements. <br /> S► The Staff recommends these language changes to make certain that prehearing and rebuttal <br /> statements deadlines are determined by the hearing coordinator. <br /> 40 <br /> 22 <br />