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Water Quality Control Act - 13 <br />Title 25, Article 8 <br />the division may hold public hearings, issue notice of hearings, issue subpoenas <br />requiring the attendance of witnesses and the production of evidence, administer <br />oaths, take such testimon}• as is deaned necessary, make findings and determina- <br />tions, and issue orders, all in conformity with article 4 of title 24, C.R.S. <br />1973, and with this article. <br />(2) The conmission may adopt such rules and regulations governing pro- <br />cedures and hearings before the crnmission or division as may be necessary to <br />assure that such procedures and hearings will be fair and impartial. <br />(3) At any hearing, any person who is affected by the proceeding and whose <br />interests are not already adequately represented, shall have the opportunity to <br />be a party thereto upon prior application to and in the sole discretion of and <br />approval by the commission or division, as the case may be, and such person shall <br />have the right to be heard and to cross~xamine any witness. <br />(4) After due consideration of the written and oral statenents, the testi- <br />rmny, and the argtmients presented at any such hearing, the commission or division <br />shall enter its uTitten findings and final order, based upon evidence in the <br />record. <br />(5) In all proceedings before the conmission or the division with respect <br />to any alleged violation of any control regulation, pertnit. or order, the burden <br />of proof shall be upon the division. <br />(6) The commission or division may designate a hearing officer who shall <br />have the power to issue nut ices of hearings, to issue subpoenas requirinK the <br />attendance of witnesses and the production of evidence, tc> administer oaths, and <br />to take such testimony as ma}' be necessary or in conformity with article 9 of <br />title 24, C.R.S. 1973; and such hearing officer shall certify and file recom- <br />mended findings, conclusions, and a proposed order with the crnmission or division, <br />as appropriate, for adoption or modification by such c•rnmission or division. If <br />the hearing for which a hearing officer is to be designatc~cl is a hearinK for the <br />purpose of developinK control regulations or for the purnose of a heerin~: held <br />pursuant to section 25-8-502, the hearing officer may be an employed of the <br />division. <br />25-8102. PROCIDiIRF1S T'0 BE FCx.LDWID IV SEI'Z'ING STAA'DARDS AND Q~lv'IROL REGU- <br />LATIONS. (1) Prior to promulgating an}• water quality standard or any control <br />regulation authorized in this article, the commission shall conduct a public• <br />hearing thereon as provided in section 24-4-105, C.R.S. 1973. Notice of any such <br />hearing shall conform to the requirements of section 24-9-103, C.R.S. 1973, but <br />such notice shall be given at ]east sixty da}•s prior to the hearing and shall <br />include each proposed regulation, and shall be mailed to al] persons who) have <br />filed with the conmission a written request to receive ti-uch notices. <br />(2) Any person desiring to propose a regulation diff'erinK fmn the regu- <br />lation proposed by the cannission shall file such other written proposal with <br />the cmmission not less than twenty days prior to the hearing, and, when on file, <br />such proposal shall be open for public inspection. <br />(3) Witnesses at the hearing shall be subject to crass-examination by or <br />on behalf of the commission, and by or on behalf of persons who have proposed <br />regulations pursuant to subsection (2) of this section. <br />- 13 - <br />