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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. The purpose of the prehearing conference may include the formulation of <br /> Stipulations or orders respecting the issues to be raised, as well as witnesses <br /> and exhibits to be presented by the Parties. The Parties shall make known at the <br /> prehearing rulemaking conference of any objections to the procedures or <br /> evidence that may be raised at the hearing. Stipulations may be made at the <br /> prehearing conference to reflect any matters which have been agreed to or <br /> admitted by the Parties or Interested Persons. A prehearing order shall be <br /> prepared by the State Engineer/Hearing Officer or, at his direction, by any Party, <br /> based upon the prehearing conference, which shall reflect any rulings made with <br /> respect to procedures to be followed at the hearing, or any other matters. <br /> 5 Motions <br /> The State Engineer or Hearing Officer may require as part of the prehearing <br /> conference or otherwise advance submittal of all motions or requests for rulings <br /> that such Person(s) or Party intends to make with respect to the proposed <br /> rulemaking. These shall include motions regarding procedures, the scope and <br /> nature of the proceedings, or any other matter that requires a determination by <br /> the State Engineer prior to final Division of Water Resources action based on the <br /> record, or any matter that may reasonably be disposed of prior to receiving <br /> testimony or other evidence. <br /> 6. Discovery <br /> The State Engineer may, on his own accord or upon the motion of any Party for <br /> Good Cause shown, take depositions or have depositions taken, and fix the time <br /> and place for them to be held. Other forms of discovery provided for by the <br /> Colorado Rules of Civil Procedure may be allowed by the State Engineer. <br /> Discovery may be requested by any Interested Person or Party as well as by the <br /> staff of the State Engineer. Discovery shall be granted where due process, <br /> fairness, and the establishment of an adequate record may be served thereby, <br /> and when the timely completion of the proceedings will not be unduly delayed. <br /> Discovery shall be completed no It than five (5) days prior to the hearing date, <br /> except as otherwise ordered by the State Engineer. <br /> 7. Subpoenas <br /> Subpoenas shall be issued without discrimination between public and private <br /> Persons or Parties by the State Engineer or Hearing Officer. A subpoena shall be <br /> served by the Person or Party requesting its issuance in the same manner as a <br /> subpoena issued by a district court. Upon failure of any witness to comply with such <br /> subpoena, the State Engineer or Hearing Officer may petition any district court <br /> setting forth service of the subpoena and stating that due notice was given to the <br /> witness of the time and place of attendance. The district court, after hearing <br /> 14 <br />
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