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<br />, <br /> <br />~ <br /> <br />reQuirements of these reQulations whenever the Board determines that strict adherence to the <br />reQulations is not in the best interests of faimess unless such waiver would violate aoolicable <br />statutes For any such waiver the Board shall orovide aoorooriate iustification in writina to all <br />interested oersons or Darties <br /> <br />e <br /> <br />5.61(C) In a hearinQ on a contested Final Staff Recommendation a DartY mav raise <br />on Iv those issues relevant to the statutorv determinations reouired bv S 37-92-102(3)1 c) <br />C R S and set forth in Rule 5 40 <br /> <br />5,62 Procedures for contestina a Fifllill Staff Recommendation. <br /> <br />5..62(A) Notice of Intent to Contest <br /> <br />5 62(A)(j) To contest a fioal Staff Recommendation a oerson must comolv with the <br />orovisions of this section The Board must receive a Notice of Intent to Contest the <br />recommendation within 5 workina days of the Board meetina at which Staff made its Final <br />Recommendation <br /> <br />562(A)(jj) A Notice of Intent to Contest a Final Staff Recommendation shall be made in <br />writina and contain the followina information: <br /> <br />~ Identification of the oersonls) reauestina the hearina. <br />b identification of 'nstream flow at issue. and <br />c. the contested facts and a aeneral description of the data uoon which the _ <br />oerson will relv. ., <br /> <br />5 62IA)(iij\ After a DartY has filed a ~otice of Intent to Contest a Final Staff <br />Recommendation any other oerson may Darticioate as a DartY or observer as detailed below <br /> <br />5 62(B) PartY Status <br /> <br />5.62IB)(j) PartY status will be aranted to any Derson who files an aODlication with the <br />Board Staff. Anv Derson filina a notice to contest shlilll be aranted Dartv status and need not <br />aoolv therefor An aDDlication for PartY status must be received within 12 workina days of the <br />Board meetina at which the Final Staff Recommendation was made Aoolication for Party <br />status shall set forth a brief and Illain statement of the reasons for seekina oartv status the <br />contested facts the matters wI:1ich the aODljcant c1ii1ims should be decided and a aeneral <br />descriDtion of the data to be oresented to thli! Board <br /> <br />5.62IB)(ji) Onlv a PartY may out forth eXDert witnesses and/or file leaal memoranda <br />Each Party is reSDonsible for mailina cooies of all documents submitted for Board <br />consideration to all other Parties and Mailina List oarticiDants <br /> <br />5 62(B)(iii) The Staff shall automatically be a PartY in all oroceedinas concemina <br />contested Final Staff Recommendations <br /> <br />5 <br />