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<br />" <br /> <br />, <br /> <br />Final Draft for Discussion Purposes Only <br /> <br />. <br /> <br />5d. Procedural Guidelines for Contesting Plan Disapproval by the Office - <br />(1) Whenever a submitting entity contests the determination provided by the Office regarding its <br />submitted Plan, that entity can submit a request for a Contested Plan Review to the Board. <br /> <br />(2) In submitting a request for a Contested Plan Review, a submitting entity may raise only those <br />issues relevant to the statutory determinations required by 937-60-126.5 C.R.S. and the <br />requirements of the guidelines in full. <br /> <br />(3) To request a Contested Plan Review, a submitting entity must comply with the provisions of <br />5d. The Office must receive the request for a Contested Plan Review within 180 days of the date <br />of the written notification letter sent by the Office to the submitting entity, pursuant to 5c, or if <br />the 180'" day falls on a weekend or holiday, on the first business day thereafter. The date of the <br />written notification letter is the date the letter was sent, not the date it was received. <br /> <br />(4) A request for a Contested Plan Review shall be made in writing and contain the following <br />information: <br /> <br />(a) Identification of the person(s) requesting the review; <br />(b) Identification of the plan and submitting entity at issue; and, r <br />(c) The contested facts and a general description of the data upon which the person(s) will <br />rely to the extent known at that time. <br /> <br />. <br /> <br />(5)The Board wi1\ review the Contested Plan Review facts and arguments and make a ruling to <br />agree or disagree with the contested issue(s). The Board, at its discretion may request the entity <br />requesting the Contested Plan Review to appear before the Board to clarif'y concerns and <br />understand the facts. The public will be given a chance to comment on the Contested Plan <br />Review prior to the Board making its ruling, if the Board determines that such comments wi1\ <br />support and enhance the decision-making process. <br /> <br />(6)The Board will provide to the submitting entity in writing the results of its review within 90 <br />days ofreceipt of the request for a Contested Plan Review. The Board will also provide specific <br />guidance in how any plan discrepancies or, deficiencies need to be addressed such that the <br />submitting entity can receive Office approval for its plan. <br /> <br />(7) The guidelines of 5d are intended to assure that information is received by the Board to <br />understand and review the contested case in a timely manner. Where these guidelines do not <br />address a procedure or issue, the Board shall determine the procedures to be followed on a case- <br />by-case basis. The Board may waive the requirements of the guidelines whenever the Board <br />determines that strict adherence to the guidelines is not in the best interest of fairness, unless such <br />waiver would violate applicable statutes. <br /> <br />6. PLAN CONTENT REQUIREMENTS <br /> <br />6a. Plan Adoption - The manner in which the submitting entity develops, adopts, makes publicly <br />available, and implements a Plan shall be determined by the submitting entity in accordance with <br />the guidelines. <br /> <br />e <br /> <br />6b. Schedule for Plan Implementation - The Plan shall include a schedule for its <br />implementation. <br /> <br />5/12/2005 <br /> <br />40f7 <br />