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<br />, <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />5.62(B)(iv) Where a contested Final Staff Recommendation is based on another <br />aaencv's recommendation, that aaencv. if it desires. shall automaticallv be a Party in any <br />proceedina. <br /> <br />5.62(C) Contested Recommendation Mailina List Status. <br /> <br />5.62(C)(i) Anv person who desires to participate in the process. but not as a Party. may <br />reauest Contested Recommendation Mailina List status bv contactina the Board office. A <br />person with such status will receive all Party documents. (Note: This mailina list is specific to <br />the contested appropriation). Persons who are on the Contested Recommendation Mailina List <br />but are not a Party may comment on their own behalf. but may not put forth expert witnesses or <br />file leaal memoranda. <br /> <br />5.62(CHii) The reauest for Contested Recommendation Mailina List status must be <br />received bv the Board within 17 workina days of the Board meetina at which Staff made its <br />Final Recommendation. <br /> <br />5.62(CHiii) Staff shall notify all Parties of the Contested Recommendation Mailina List <br />participants prior to the due date for prehearina statements. Thereafter, Parties shall mail their <br />prehearina statements and any other documents to Contested Recommendation Mailina List <br />participants. <br /> <br />5,62(D) Other. Anv person may comment at any Board meetina without beina a Party <br />or on the Contested Recommendation Mailina List. However. such persons will not receive any <br />mailinas nor be able to submit documentation as outlined herein. <br /> <br />5.63 Prehearina Conference <br /> <br />5.63(A) The Board will desianate a Hearina Coordinator. The Hearina Coordinator shall <br />set a prehearina conference not less than 20 days prior to the hearina. <br /> <br />5.63(B) Five workina days before the prehearina conference. each Party shall file with <br />the Board any and allleaal memoranda and shall identify all exhibits. enaineerina data. <br />bioloaical data and reports or other information contained in the official record that the Party will <br />rely upon, If such information is not submitted within this deadline. the Board will not consider it <br />when makina its reauired determinations without aood cause. <br /> <br />5.63(C) Five days prior to any prehearina conference. each Party shall provide a copy <br />of its prehearina statement to all other Parties. Contested Recommendation Mailina List <br />participants. the Hearina Coordinator and directly to the Assistant Attorneys General <br />representina Staff and the Board, A prehearina statement shall contain: <br />i) A specific statement of the factual and leaal claims asserted and the leaal <br />basis upon which the party will relv; <br />ii) a list of the issues to be resolved; <br />iii) copies of all exhibits to be introduced at the hearina; <br />iv) a list of witnesses to be called and a brief description of their testimony; <br />v) any alternative proposal to the proposed instream flow; and <br />vi) all written testimony to be offered into evidence at the hearina. <br /> <br />6 <br />