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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
Fields
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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b. Presentation of any Stipulations or agreements between the Parties; <br /> c. Opening statements by the Party upon whom the burden of proof rests; <br /> d. Opening statements by all other Parties; <br /> e. Presentation of case-in-chief by the Party upon whom burden of proof <br /> rests: <br /> f. Presentations by all other Parties wishing to offer evidence, with the order <br /> of presentation to be determined by the State Engineer or presiding <br /> Hearing Officer; <br /> g. Rebuttal by the Party upon whom the burden of proof rests; <br /> h. Closing statement by Party upon whom the burden of proof rests; <br /> i. Closing statements by all other Parties. <br /> j. At the conclusion of any witness's testimony, or at the conclusion of the <br /> Party's entire presentation, all other Parties may then cross-examine each <br /> witness. The order of the cross examination shall be determined by the <br /> Person conducting the hearing. The State Engineer or Hearing Officer <br /> may examine any witness at any time. <br /> k. All briefs and memoranda of law that parties file shall be served on the <br /> State Engineer or Hearing Officer and all Parties no later than five (5) days <br /> prior to the hearing unless otherwise specified. <br /> G. Final Agency Action and Post-Hearing Procedures for Rulemaking <br /> 1. Within one hundred eighty days after the last public hearing on a proposed rule, <br /> the State Engineer shall adopt a rule pursuant to these rulemaking procedures or <br /> terminate the proceeding by publication of a notice to that effect in the Colorado <br /> Register. <br /> 2. After the conclusion of the last public hearing, the State Engineer shall prepare <br /> an initial ruling as to any rules proposed for adoption. <br /> 3. Any Party to the rulemaking may file written exceptions to the initial ruling within <br /> 21 days of the State Engineer's service of the initial ruling on the Party. The <br /> State Engineer shall rule on any such exceptions prior to adopting any rule or <br /> terminating the proceeding. <br /> 16 <br />
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