Code of Colorado Regulations
400 - Department of Natural Resources
408 - Colorado Water Conservation Board
2 CCR 408-3 - RECREATIONAL IN-CHANNEL DIVERSION RULES
Section 13 - Hearing Procedures

Universal Citation: 2 CO Code Regs 408-3 ยง 13

Current through Register Vol. 47, No. 17, September 10, 2024

If a hearing is requested pursuant to Rule 12, the director shall appoint a hearing coordinator to set the date of the hearing(s) and establish the procedures by which evidence will be offered.

a. The hearing coordinator shall, in consultation with the applicant, determine the date and location of all hearings.

b. The board shall notify the applicant and all parties of the hearing(s) at least 21 days prior to the hearing date(s).

c. Any party may present testimony or offer other evidence regarding whether the RICD should be granted, granted with conditions or denied.

d. The hearing coordinator shall set timelines and deadlines for all written submissions. Prehearing statements will be required, and shall include, but not be limited to, the following:

1) a list of all disputed factual and legal issues;

2) the position of the party regarding the factual and legal issues;

3) a list identifying all of the witnesses that will testify for the party, and a summary of the testimony that those witnesses will provide; and,

4) copies of all exhibits that the party will introduce at the hearing(s).

e. Board hearings may be recorded by a reporter or by an electronic recording device. Any party requesting a transcription of the hearing(s) shall be responsible for the cost of the transcription.

f. The hearing coordinator shall determine the order of testimony for the hearing(s), and shall decide other procedural matters related to the hearing(s). The hearing coordinator does not have authority to rule on substantive issues, which authority rests solely with the board.

g. The board may take final action at the hearing(s) or continue the hearing and/or deliberations to a date certain.

h. The board may permit general comments from any person who is not a party; however, the board may limit these public comments to five minutes per person.

i. The board will not apply the Colorado Rules of Evidence at hearings on RICDs.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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