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<br />The notice shall state that parties may present testimony at <br />the hearing, petitioner and respondent may call witnesses at the <br />hearing, and of his appointment as hearing officer. The notice <br />shall also state that each party shall identify the position it <br />is urging the state engineer to adopt. Those urging the state <br />engineer's decision should be affirmed shall be designated <br />respondents. Those urging reversal or modification of the state <br />engineer's decision shall be designated petitioners. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-03-22, 61-32-08 <br /> <br />89-02-04-15. Issues limited to those contained in notice. <br />The notice of hearing will identify the issues to be addressed <br />and identified in the demand or the request for a hearing. <br />Evidence and testimony at the hearing will be limited to the <br />issues set forth in the notice of hearing. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 28-32-08, 61-03-22, 61-32-08 <br /> <br />89-02-04-16. Notice of witnesses at hearing - Time-frame. <br />At least thirty days prior to the date set for the hearing the <br />petitioner shall notify other parties, the board, the state <br />engineer, and the hearing officer by certified mail of all <br />witnesses petitioner will call and the content of their <br />testimony. At least thirty days prior to the date set for the <br />hearing the respondent shall notify other parties, the board, the <br />state engineer, and the hearing officer by certified mail of <br />witnesses to be called by the respondent and the content of their <br />testimony. Wi thin twenty days of the date of the hearing the <br />petitioner shall notify the parties, the board, the state <br />engineer, and the hearing officer by certified mail of any <br />rebuttal witnesses to be called and the content of their <br />testimony. The state engineer shall notify the parties, the <br />board, and the hearing officer of any witnesses he intends to <br />call in the notice of hearing. However, if testimony or evidence <br />not provided to the board and not considered in the state <br />engineer's determination will be presented by others, the failure <br />of the state engineer to identify a witness should not preclude <br />him from providing other testimony and evidence of a technical <br />nature. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-03-22, 61-32-08 <br /> <br />-7- <br />