Laserfiche WebLink
Engineer or Hearing Officer may receive all or part of the evidence in written <br /> form. § 24-4-105(7), CR.S. <br /> 11.The State Engineer or Hearing Officer may utilize their experience, technical <br /> competence, and specialized knowledge in the evaluation of the evidence <br /> presented. § 24-4-105(7), C.R.S. <br /> 12. The State Engineer or Hearing Officer may take notice of general, technical, or <br /> scientific facts within their knowledge if the relevant fact noticed is specified in the <br /> record or brought to the attention of the Parties before a final decision (or Initial <br /> Decision of the hearing officer) and all Parties are afforded an opportunity to <br /> controvert the fact so noticed. § 24-4-105(8), C.R.S. <br /> 13.Any Party, or the agent, servant, or employee of any Party, permitted or <br /> compelI ed to testify or submit data or evidence, shall be entitled to the benefit of <br /> legaI counsel of his own choosing and at his own expense, but a Person may <br /> appear for himself. An attorney who is a witness may not act as counsel for the <br /> Party calling him as a witness. § 24-4-105(9)(a), C.R.S. <br /> 14.The State Engineer or Hearing Officer shall cause the proceedings to be <br /> recorded by a reporter or by an electronic recording device. When requested, <br /> the State Engineer or Hearing Officer shall cause the proceedings, or any portion <br /> thereof, to be transcribed, the cost thereof to be paid by the Party requesting the <br /> transcription. If the State Engineer or Hearing Officer acquires a copy of the <br /> transcription, said copy shall be made available to any Party at a reasonable time <br /> for inspection and study. § 24-4-105(13), CRS. <br /> G. Final Agency Action <br /> 1. The State Engineer or Hearing Officer shall proceed with reasonable dispatch to <br /> conclude any matter presented to him with due regard for the convenience of the <br /> Parties or their representatives, giving precedence to rehearing proceedings after <br /> remand by court order. § 24-4-105(l 0), C.R.S. <br /> 2. The decision by the State Engineer or Initial Decision by a Hearing Officer shall <br /> be based on the record. The record shall include: All pleadings, applications, <br /> evidence, exhibits and other papers presented or considered, matters officially <br /> noticed, rulings upon exceptions, any findings of fact and conclusions of law <br /> proposed by any Party, and any written briefs Filed, § 24-4-105(14)(a), C.R.S. <br /> 3. In any case in which the State Engineer has conducted the hearing, he shall <br /> prepare, it and service upon each Party his decision. In any case in which a <br /> Hearing Officer has conducted the hearing, the Hearing Officer shall prepare an <br /> Initial Decision which he/she shall serve on each Party, except where all Parties, <br /> with consent of the State Engineer, have expressly waived their right to have an <br /> Initial Decision rendered by the Hearing Officer. Each decision and Initial <br /> 30 <br />