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<br />" <br /> <br />5.61IB) These rules are intended to assure that information is received bv the Board in e <br />a timelv manner. Where these rules do not address a procedure or issue. the Board shall <br />determine the procedures to be followed on a case-by-case basis. The Board may waive the <br />reauirements of these reaulations whenever the Board determines that strict adherence to the <br />reaulations is not in the best interests of fairness. unless such waiver would violate applicable <br />statutes, For any such waiver. the Board shall provide appropriate iustification. in writina. to all <br />interested persons or parties. <br /> <br />5.61IC). In a hearina on a contested Final Staff Recommendation. a party may raise <br />on Iv those issues relevant to the statutorY determinations reauired bv !l37-92-10213Hc). C,R.S, <br />and set forth in Rule 5.40. <br /> <br />5.62 Procedures for contestina a Final Staff Recommendation. <br /> <br />5.62IA) Notice to Contest. <br /> <br />5,62IA)(i) To contest a Final Staff Recommendation. a person must complv with the <br />provisions of this section. The Board must receive a Notice to Contest the Final Staff <br />Recommendation within 10 workina days of the Board meetina at which Staff made its Final <br />Recommendation. <br /> <br />5.621AHiil A Notice to Contest a Final Staff Recommendation shall be made in writina <br />and contain the followina information: <br /> <br />a. Identification of the personls) reauestina the hearina: <br />b. identification of instream flow at issue: and <br />c. the contested facts and a aeneral description of the data upon which the <br />person will relv. <br /> <br />e <br /> <br />5.621AHiiil After a party has filed a Notice to Contest a Final Staff Recommendation. any <br />other person may participate as a party or observer as detailed below. <br /> <br />5.62IB) Party Status <br /> <br />5.62IB)(i) Party status will be aranted to any person who files an application with the <br />Board Staff. Anv person filina a Notice to Contest shall be aranted party status and need not <br />applv therefor. An application for Party status must be received within 17 workina days of the <br />Board meetina at which the Final Staff Recommendation was made. Application for Party <br />status shall set forth a brief and plain statement of the reasons for seekina party status, the <br />contested facts. the matters which the applicant claims should be decided and a aeneral <br />description of the data to be presented to the Board. <br /> <br />5.62IB)lli) Onlv a Party may put forth expert witnesses and/or file leaal memoranda. <br />Each Party is responsible for mailina copies of all documents submitted for Board consideration <br />to all other Parties and Contested Recommendation Mailina list participants. <br /> <br />5.62IBHiil) The Staff shall automaticallv be a Party in all proceedinas concernina <br />contested Final Staff Recommendations. <br /> <br />e <br /> <br />5 <br />