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3. A concise statement of all of the facts necessary to show the nature of the <br /> controversy or uncertainty and the manner in which the statute, rule or order in <br /> question applied or potentially applies to the petitioner. <br /> E. If the State Engineer determines that he will rule on the petition, the following <br /> procedures shall apply: <br /> State Engineer may dispose of the petition without conducting an evidentiary <br /> or other hearing. If the State Engineer does so, any ruling will apply only to the <br /> extent of the facts presented in the petition and any amendment to the petition. <br /> The State Engineer may request the petitioner to submit additional facts in writing <br /> and they will be considered as an amendment to the petition. If the State <br /> Engineer rules upon the petition without a hearing, he shall promptly notify the <br /> petitioner of his decision. <br /> 2. The State Engineer may order the petitioner to it a written brief, memorandum <br /> or position statement. <br /> 3. The State Engineer may set the petition, upon due notice to the petitioner, for a <br /> non-evidentiary hearing. <br /> 4. The State Engineer may take administrative notice of facts pursuant to the APA <br /> and may utilize his experience, technical competence and specialized knowledge <br /> in the disposition of the petition. <br /> 5. The State Engineer may, at his discretion, set the petition for hearing, upon due <br /> notice to petitioner, for the purpose of obtaining additional facts or information or <br /> to determine the truth of any facts set forth in the petition or to hear oral <br /> argument on the petition. The notice to the petitioner setting such hearing shall <br /> set forth, to the extent known, the factual or other matters into is the State <br /> Engineer intends to inquire. For the purpose of such hearing, to the extent <br /> necessary, the petitioner shall have the burden of proving all of the facts stated in <br /> the petition, all of the facts necessary to show the nature of the controversy or <br /> uncertainty as to the applicability to the petitioner of the statute, rule or order in <br /> question, and any other facts the petitioner desires the State Engineer to <br /> consider. <br /> 6. The State Engineer may consolidate for determination petitions raising similar <br /> issues of fact or law. <br /> 7. The Parties to any proceedings pursuant to this rule shall be the petitioner and, <br /> where appropriate, the staff of the State Engineer and any other Person the State <br /> Engineer determines is necessary or desirable for the proper or full disposition of <br /> the petition. <br /> 33 <br />