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more than one hundred twenty (120) days after its adoption unless made permanent <br /> by compliance with this section and with the APA. § 24-4-103(6)(a), C.R.S. <br /> Rule 8 Reconsideration of a Rulemaking Action <br /> Reconsideration of rulemaking action of the State Engineer may be sought by petition to <br /> the State Engineer in accordance with the provisions of Rule 7(B)(2) pertaining to <br /> petitions for rulemaking. Any such petition shall be evaluated according to the <br /> established rules and policies of the State Engineer where applicable, and may be <br /> granted for Good Cause. Such a petition is not a prerequisite to the right of judicial <br /> review of the rule on which it is based and does not affect the time period for seeking <br /> judicial review of the rule. The decision to grant or deny such a petition is not itself final <br /> action subject to judicial review. <br /> Rule 9 Hearing Officers <br /> A. Pursuant to § 37-80-102(2), and § 37-80-109(2), C,R.S., the State Engineer may <br /> designate a person or persons to convene and conduct hearings under these rules <br /> on his behalf and make Initial Decisions on the matter heard. When appropriate, the <br /> Hearing Officer may be an employee of the Division of Water Resources, except that <br /> no person engaged in conducting a hearing or participating in a decision or an Initial <br /> Decision shall be responsible to or subject to the supervision or direction of any <br /> officer, employee or agent engaged in the performance of investigatory or <br /> prosecuting functions for the Division of Water Resources. See also § 24-4-105(3) <br /> and (6), C.R.S. <br /> B. Upon a timely, good faith filing by a Party of a sufficient affidavit of personal bias of <br /> the Hearing Officer, the Hearing Officer shall forthwith rule upon the allegations in <br /> such affidavit as part of the record in the case. A person designated to conduct a <br /> hearing may at any time withdraw if he deems himself disqualified or for any other <br /> good reason in which case another person or Hearing Officer may be assigned by <br /> the State Engineer to continue the hearing, and he shall do so in such a manner that <br /> no substantial prejudice to any Party results. § 24-4-105(3), C.R.S. <br /> C. If the Parties are dissatisfied with the Person or Persons appointed by the State <br /> Engineer to conduct the hearing or act as the Hearing Officer, they may request the <br /> State Engineer to appoint another Person or Persons. Requests shall be <br /> accompanied by a detailed statement of the reasons justifying the request and shall <br /> include the identity of other Parties that support the request. The Parties may <br /> request that the matter be referred to the Division of Hearing Officers; however, the <br /> Parties must be willing to pay for the full cost of such referral. <br /> Rule 10 Adjudicatory Procedures <br /> A. Scope and Applicability <br /> 1. In order to assure that all Parties to any formal Adjudicatory Proceeding of the <br /> State Engineer are accorded due process of law, the provisions of this section <br /> 19 <br />