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Decision shall include a statement of findings and conclusions upon all the <br /> material issues of fact, law, or discretion presented by the record and the <br /> appropriate order, sanction, relief, or denial thereof. § 24-4-105(14)(a), C.R.S. <br /> 4. An appeal of an Initial Decision by a Hearing Officer to the State Engineer may <br /> be made pursuant to § 24-4-105(14)(a)(11), C.R.S., by filing an exception within <br /> thirty (30) days after service of the Initial Decision upon the Parties, unless <br /> extended by the State Engineer or unless review has been initiated upon motion <br /> of the State Engineer, every such Initial Decision of the Hearing Officer shall <br /> thereupon become the decision of the State Engineer. In such case the <br /> evidence taken by the Hearing Officer need not be transcribed. § 24-4- <br /> 105(14)(a)(11), (14)(a)(111), C.R.S. <br /> 5. Any Party who seeks to reverse or modify the Initial Decision of the Hearing <br /> Officer shall it with the State Engineer, within twenty (20) days following such <br /> decision, a designation of the relevant parts of the record and of the parts of the <br /> transcript of the proceedings which shall be prepared and advance the cost <br /> therefor, A copy of this designation shall be served on all Parties, Within ten <br /> (10) days thereafter, any other Party or the State Engineer may also File a <br /> designation of additional parts of the transcript of the proceedings which are to <br /> be included and advance the cost therefor, The transcript or the parts thereof <br /> which may be designated by the Parties or the Hearing Officer shall be prepared <br /> by the reporter or, in the case of an electronic recording device, the agency and <br /> shaI l thereafter be Filed with the Division of Water Resources. No transcription is <br /> required if the State Engineer's review is limited to a pure question of law. The <br /> State Engineer may permit oral argument. The grounds of the decision shall be <br /> within the scope of the issues presented on the record. The record shall include <br /> all matters constituting the record upon which the decision of the Hearing Officer <br /> was based, the rulings upon the proposed findings and conclusions, the Initial <br /> Decision of the Hearing Officer, and any other exceptions and briefs Filed. § 24- <br /> 4-105(15)(a), C.R.S. <br /> 6. The findings of evidentiary fact, as distinguished from ultimate conclusions of <br /> fact, made by the Hearing Officer, shall not be set aside by the State Engineer on <br /> review of the Hearing Officer's Initial Decision unless such findings of evidentiary <br /> fact are contrary to the weight of the evidence. The State Engineer may remand <br /> the case to the Hearing Officer for such further proceedings as he may direct, or <br /> he may it set aside, or modify the order or any sanction or relief entered <br /> therein, in conformity with the facts and the law. § 24-4-105(15)(b), C.R.S. <br /> 7. Each decision and Initial Decision shall be served on each Party by first class <br /> it or in person, or via electronic means (upon agreement between the Parties) <br /> and shall be effective on the date served or such later date as stated in the <br /> decision, § 24-4-105(16)(a), C.R.S. <br /> 31 <br />