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BOARD00708
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Last modified
8/16/2009 2:53:23 PM
Creation date
10/4/2006 6:43:10 AM
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Template:
Board Meetings
Board Meeting Date
3/16/2004
Description
ISF Section - Update on Rule 6g. Revision and Request for Authorization to Initiate Rulemaking
Board Meetings - Doc Type
Memo
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<br />e <br /> <br />(4) Any person may request the Board to hold a hearing on a proposed <br />acquisition." Such a request must be submitted to the Board in writing within <br />~'''nty~ days of the first Board meeting at which the Board considers the <br />proposed acquisition, and must include a brief statement, with as much specificity as <br />possible, of why a hearing is being requested. <br />,-,-~--'.,.~ <br />(5) At its next regularly scheduled meeting after receipt of the request, "" at lit <br />~oeelitl mC'etil!illl. the Board will consider the request and may, in its sole discretion, <br />grant or deny such a request. All hearings scheduled by the Board shall be governed <br />by the following procedures: <br /> <br />a. A hearing on a proposed acquisition must be held within the 120 day <br />period allowed for Board consideration of an acquisition pursuant to Rule 6b., unless <br />the person requesting the Board to consider the proposed acquisition agrees to an <br />extension oftime. <br /> <br />b. The Board shall appoint a Hearing Officer to establish the procedures <br />by which evidence will be offered. <br /> <br />c. At least thirty days prior to the hearing date( s), the Board shall provide <br />written notice of the hearing(s) to the person proposing the acquisition, all interested <br />parties known to the Board, and all persons on the ISF Subscription Mailing List for <br />the relevant water division. The Board also shall provide Proper Notice. <br /> <br />d. Any person who desires party status shall become a Party upon <br />submission of a written Notice of Party Status to the Board Office. The Notice shall <br />include the name and mailing address of the person and a brief statement of the <br />reasons the person desires party status. The Board Office must receive Notice of <br />Party Status within seven days after notice of the hearing is issued. <br /> <br />e. The Hearing Officer shall set time lines and deadlines for all written <br />submissions. Prehearing statements will be required, and shall include, but not be <br />limited to, the following: 1) a list of all disputed factual and legal issues; 2) the <br />position of the Party regarding the factual and legal issues; 3) a list identifying all of <br />the witnesses that will testify for the Party, and a summary of the testimony that <br />those witnesses will provide; and 4) copies of all exhibits that the Party will <br />introduce at the hearing( s). <br /> <br />f. Any Party may present testimony or offer other evidence regarding the <br />proposed acquisition. <br /> <br />g. The Hearing Officer shall determine the order of testimony for the <br />hearing(s), and shall decide other procedural matters related to the hearing(s). The <br />Hearing Officer does not have authority to rule on substantive issues, which <br />authority rests solely with the Board. <br /> <br />h. The Board will not apply the Colorado Rules of Evidence at hearings <br />on proposed acquisitions. <br /> <br />i. The Board may permit general comments from any person who is not a <br />Party; however, the Board may limit these public comments to five minutes per <br />person. <br /> <br />e <br />
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