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DWR_3554842
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DWR_3554842
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Last modified
12/28/2020 7:26:51 AM
Creation date
1/6/2020 10:10:54 AM
Metadata
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Template:
Rulemaking
Rule Name
Procedural Rules- State Engineer Hearings (2CCR-402-5)
Document Type - Rulemaking
Final Actions
Subject
FINAL RULES - PROCEDURAL REGULATIONS (2 CCR 402-5)
Date Effective
11/25/2015
Tags
DWR Re-OCR
Description:
Signifies Re-OCR Process Performed on or after 10/6/2019
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4 For a hearing where Party Status is available, it shall be freely granted by the <br /> State Engineer, Upon Good Cause shown, Party Status may be granted prior to <br /> or at the prehearing conference or other appropriate time prior to the hearing. <br /> 5. The staff of the Office of the State Engineer shall automatically be a Party to <br /> rulemaking proceedings before the State Engineer when Party Status is allowed <br /> to other Persons. <br /> 6. For the purpose of service of any documents upon a Party other than the staff of <br /> the Office of the State Engineer, delivery by U.S. mail or by e-mail to the <br /> addresses provided in a Party's application for Party Status shall constitute <br /> service as of the date mailed or e-mailed. A Party shall promptly serve upon the <br /> State Engineer and all other Parties notice of any change in the Party's U.S. mail <br /> address or e-mail address for the purpose of service. <br /> E. Prehearing Procedures for Rulemaking <br /> 1. These prehearing procedures provide a process by which the issues related to a <br /> proposed rule are raised and discussed, and presented to the State Engineer for <br /> decision in an efficient manner if they cannot be resolved prior to the prehearing <br /> conference. It is the strong desire of the State Engineer that the Parties try to <br /> resolve as many issues as possible by negotiation prior to the prehearing <br /> conference. Any Person may appear at the prehearing conference but only <br /> Parties may participate. <br /> 2. The State Engineer may specify in the notice of proposed rulemaking that a <br /> prehearing conference will be held. Any such conference shall be held not less <br /> than five (5) days in advance of the hearing unless the State Engineer, for Good <br /> Cause, specifies otherwise. <br /> 3. At any prehearing conference each Party or shall present to the State Engineer <br /> or Hearing Officer and to every other person or Party in attendance a prehearing <br /> statement that shall contain the following: <br /> a. A specific statement of the factual and legal claims it asserts; <br /> b. Copies of all exhibits it will introduce at the hearing, <br /> C. A list of witnesses it will call and a brief summary of their testimony; <br /> d. Specific language proposed for the rule, where appropriate, and a <br /> proposed statement of the basis and purpose for the rule; and <br /> e. All written testimony it will offer into evidence at the hearing. <br /> 13 <br />
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