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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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a. A prehearing conference may be held if deemed useful by the State <br /> Engineer or Hearing Officer. Parties may also request a prehearing <br /> conference at least twenty (20) days before a scheduled hearing in writing. <br /> The scope of issues to be raised at the prehearing conference shall be <br /> determined by the State Engineer or Hearing Officer. Prehearing <br /> conferences shall be held in the office of the Division of Water Resources <br /> in Denver, Colorado, unless the State Engineer or Hearing Officer <br /> determines the conference should be held at some other location. The <br /> State Engineer or Hearing Officer may hold the prehearing conference by <br /> telephone (or other conferencing means) at their discretion for cost-saving <br /> purposes or for the convenience of the Parties. <br /> b, The prehearing conference shall be for the purpose of facilitating the <br /> Adjudication of issues to be determined at the hearing. The purpose of <br /> the prehearing conference may include the formulation of Stipulations or <br /> orders respecting relevant issues to be raised as well as witnesses and <br /> exhibits expected to be presented by the Parties. <br /> c. The Parties shall make known at the prehearing conference any <br /> objections to the procedures or evidence that may be raised at the <br /> hearing. Stipulations are encouraged and may be made at the prehearing <br /> conference to reflect any matters that have been agreed to or admitted by <br /> the Parties. A prehearing order may be prepared by the State Engineer or <br /> Hearing Officer and shall reflect any rulings made with respect to <br /> procedures or any other matters to be followed at the hearing. The State <br /> Engineer or Hearing Officer may also direct a Party to prepare a draft of <br /> any order necessary. <br /> 6. Prehearing Statement <br /> a. Prior to any prehearing conference or hearing all Parties shall file a <br /> prehearing statement by the date ordered by the State Engineer or <br /> Hearing Officer. Failure to file a prehearing statement or other such <br /> documents by any Party as ordered may result in dismissal or that Party's <br /> claim if the State Engineer or Hearing Officer determines such failure <br /> resuIt s in undue prejudice to the other Parties in the case. <br /> b. At a minimum, the prehearing statement shall include the following: <br /> L Specific statements of all factual and legal claims asserted by the <br /> Party. <br /> ii. A list of facts the party believes to be undisputed between the <br /> Parties. <br /> 26 <br />
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