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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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c. The basis upon which the applicant believes the State Engineer or <br /> his staff has committed error with respect to the subject matter of <br /> the request; and, <br /> estimate of the time that will be required for the hearing. <br /> C. Notice <br /> 1. All formal adjudicatory hearings of the State Engineer shall be preceded by <br /> written notice thereof in accordance with the requirements of this section. <br /> 2. Any Person requesting Party status in a hearing, including the petit!oner(s), shall <br /> be given timely notice of the time, place, nature of the hearing, the legal authority <br /> and jurisdiction under which it is to be held, and the matters of fact and law <br /> asserted. <br /> 1 Unless otherwise provided by law, such notice shall be served either personally <br /> or by mailing by first-class mail to the last address furnished to the State <br /> Engineer by the person to be notified at least thirty (30) days prior to the hearing. <br /> § 24-4-105(2)(a), C.R.S. <br /> 4. In fixing the time and place for a hearing, due regard shall be had for the <br /> convenience and necessity of the Parties and their representatives. § 24-4- <br /> 105(2)(a), C.R.S. <br /> 5. Upon receipt of a request for hearing, the State Engineer shall acknowledge such <br /> receipt and provide the Parties with a notice of a setting conference within a <br /> reasonable time frame. The setting conference will allow for the determination of <br /> hearing dates and related prehearing filing requirements as necessary. <br /> 6. The notice may contain requirements with respect to any special procedures, <br /> including requirements for written testimony, which the State Engineer deems <br /> appropriate as to any particular Adjudicatory Proceeding. <br /> 7. An amended notice may be issued by the State Engineer at any time prior to the <br /> hearing without necessitating a continuance of the hearing date, provided the <br /> original notice is not substantially altered to the prejudice of any Party. If an <br /> amendment is substantial and prejudicial, the hearing date shall be continued to <br /> an appropriate date as determined by the State Engineer. <br /> 8. The State Engineer may continue a hearing to another date by issuing written <br /> notice to that effect at any time prior to the close of the record, or by <br /> announcement at the date, time, and place of the original hearing. <br /> 9. If any wriften application or other request made in connection with any <br /> adjudicatory hearing is not accepted for filing, or is denied in whole or in part, <br /> 23 <br />
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