BOARD01361

• Board Meeting Date: 11/25/2002
• Description: ISF Section - Stream and Lake Protection Section Proposed Instream Flow Rulemaking
• Board Meetings - Doc Type: Memo

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Board shall determine the procedures to be followed on a case-by-case basis,
The Board may waive the requirements ofthese rules whenever the Board
determines that strict adherence to the rules is not in the best interests of
fairness, unless such waiver would violate applicable statutes, For any such
waiver, the Board shall provide appropriate justification, in writing, to persons
who have Party or Contested Hearing Participant status,

(3) In a hearing on a contested StaffISF recommendation, a Party may raise only
those issues relevant to the statutory determinations required by S 37-92-
102(3)(c), C.RS. (1999) and set forth in Rule s.i.

5.52 Pr{)cedures for Contestil1~ a Staff Recommendation,

k. Notice to Contest.

(I) To contest a StaffISF recommendation, a person must comply with the
provisions of this section. The Board must receive a Notice to Contest the
Staff Rrecommendation by March 31 st.

(2) A Notice to Contest a StaffISF Rrecommendation shall be made in writing
and contain the following information:

(a) Identification of the person(s) requesting the hearing;

(b) Identification of recommendation( s) at issue; and

(c) The contested facts and a general description of the data upon which
the person wilI rely to the extent known at that time.

(3) After a p.Earty has filed a Notice to Contest a StaffISF recommendation, any
other person may participate as a Party or a Contested Hearing Participant
pursuant to Rules 5.1. or S.m.

(4) Staff wilI notifY all persons on the ISF Subscription Mailing List of contested
Staff Recommendations by April lOth,

1. Partv Status.

(I) Party status wilI be granted to any person who timely files an application with
the Board Staff. Any person filing a Notice to Contest shall be granted Party

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