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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 hearing(s) 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), <br /> . . • • . . •- • , 2 • • . • . . • . . , • . 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 deleting this language as repetitive. The other change requested <br /> below is not necessary,given that the definition of hearing coordinator clearly states that the <br /> hearing coordinator does not make substantive decisions. <br /> c 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 /> 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 substantive issues,but who <br /> shall' set the date of the hearing(s) and establish the procedures by which the evidence will <br /> be offered." (NCWCD, CSU) <br /> g. The-Board inay -take--final-action at the--hearing(s) or ttinue the hearing aver <br /> deliberations to a date certain . <br /> :► The Staff recommends the suggested language changes for the reasons suggested below. <br /> Modify by deleting "at a later date" and adding "continue the hearing and/or deliberations to <br /> a date certain." (NCWCD, CSU) <br /> 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 /> —% -- <br /> The Board will not app he C o o Rules of-Bvultence at hearings on 11CD <br /> I <br /> 23 <br />