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<br />89-02-02-20. Time for determination by the state engineer - <br />COpies of decision. Unless the state engineer determines the <br />matters put in issue by the request for a hearing raise complex <br />or unique issues, the state engineer's decision will be rendered <br />within thirty days of the close of the state engineer's hearing. <br />A copy of the decision will be given to all parties of record at <br />the state engineer's hearing either personally or by certified <br />mail. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 28-32-13 <br /> <br />89-02-02-21. COnsideration of evidence not contained in the <br />state engineer's record. The record of the state engineer's <br />hearing shall be closed at the conclusion of the state engineer's <br />formal hearing. It is in the state engineer's discretion to <br />receive testimony and evidence that is not contained in the <br />record. However, the state engineer, before considering any <br />evidence not contained in the record, will transmit the evidence <br />to the parties of record for their examination and comment. The <br />costs of reproducing and transmitting the evidence shall be paid <br />in advance by the party offering the evidence. Written comment <br />or a request for a supplemental hearing must be submitted to the <br />state engineer within ten days after transmittal of the <br />addi tional evidence. Any request for a supplemental hearing <br />shall provide sufficient information to allow the state engineer <br />to determine if a supplemental hearing is warranted. If a <br />supplemental hearing is warranted ten days notice by certified <br />mail shall be afforded the parties of record to inform them of <br />the date, time, place, and nature of the hearing. All <br />supplemental hearings shall be held in Bismarck. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 28-32-07 <br /> <br />89-02-02-22. Conditions to permits. Unless otherwise <br />specifically stated all permits of statewide or interdistrict <br />significance shall include the following conditions: <br /> <br />1. All highly erodible drainage channels will be seeded to <br />a sod forming grass and the vegetative cover be <br />adequately maintained for the life of the project or <br />control structures will be installed, or a combination <br />of these two criteria. <br /> <br />2. The project and the rights granted under the permit are <br />subject to modification to protect the public health, <br />safety, and welfare. <br /> <br />-15- <br />