Department of natural resources 
Colorado Ground Water Commission
2 CCR 402-3
Rules of procedure for all hearings before the colorado ground water commission
Rule 1	Authority
This regulation is adopted pursuant to the authority in section 37-90-11(1)(h), C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedure Act, section 24-4-101 et seq. (the “APA”), C.R.S. and the Colorado Ground Water Management Act, sections 37-90-101 et seq. (the “Act”), C.R.S.
Rule 2	Scope and Purpose
A.	These regulations shall govern the procedure to be followed by parties in rule making and adjudicatory hearings held by the Colorado Ground Water Commission, hereinafter referred to as the “Commission.”
B.	These rules of procedure are intended to establish procedures to assure that all hearings held by the Commission are conducted in a fair and impartial manner, to assure that all parties to proceedings under the Colorado Ground Water Management Act are accorded due process of law, and to provide the Commission with all relevant facts and information pertinent to decision making.  These rules shall be construed to carry out these purposes.
C.	These regulations do not apply to interpretive rulings, guidelines or general statements of policy, which are not meant to be binding.
D.	Except when necessary to comply with applicable statutes, the Commission may waive the requirements of these regulations whenever it is determined that strict adherence to the rules will not promote fairness or impartiality.  In any such instance, appropriate justification shall be provided to all interested persons and parties.
E.	These rules of procedure are promulgated pursuant to sections 37-90-113, and 24-4-103, C.R.S.
Rule 3	Applicability
The provisions of the State Administrative Procedure Act, (also known as the A.P.A.) section 24-4-101, et seq. C.R.S., generally apply to all hearings held by the Commission.  Specifically, the provisions of section 24-4-103, C.R.S. shall apply to all rulemaking hearings, and the provisions of section 24-4-105, C.R.S., shall apply to all adjudicatory hearings unless such provisions are inconsistent with specific provisions of the Ground Water Management Act, in which case the Ground Water Management Act shall control.
Rule 4	Hearing Procedures for Rule Making

A.	The Commission shall conduct all rulemaking proceedings.  Whenever the Commission contemplates rulemaking, public announcement may be made at such time and in such manner as they determine, and opportunity may be afforded interested persons to submit views or otherwise participate informally in conferences with the Commission, or their staff on the proposals under consideration.  It is within the discretion of the Commission to determine if and when such informal proceedings should occur.
B.	Any interested person shall have the right to petition the Commission in writing for the issuance, amendment, or repeal of a rule.  Such petition shall be open to public inspection.  Action on such petition shall be within the discretion of the Commission, but when they undertake rulemaking on any matter, all related petitions for the issuance, amendment or repeal of rules on such matter, shall be considered and acted upon in the same proceeding.
C.	Petitions for rulemaking shall include the following information:
1.	Identification of the person or persons requesting rulemaking and the nature of the requests;
2.	The language of the proposed rule;
3.	A statement of the Commission’s authority to promulgate the rule;
4.	A concise general statement of the rule’s basis and purpose.  If the rule involves technological or scientific issues, this statement must include a detailed, analytical statement of the scientific or technological rationale justifying the proposed rule.
D.	Notice.
1.	Official notice of proposed rulemaking proceedings shall be filed with the secretary of state in sufficient time for publication in the Colorado Register.
2.	In accordance with the requirements of section 24-4-103(2.5), C.R.S., at the time of filing a notice with the secretary of state, the Commission shall submit any proposed rule to the Department of Regulatory Agencies.
3.	Notice of proposed rulemaking shall be published in the Colorado Register and shall state the time, place, and nature of public rulemaking proceedings, the authority under which the rule is proposed, and either the terms or the substance of the proposed rule or a description of the subjects and issues involved.
4.	With due regard for the number and complexity of the proposed rules, the Commission shall establish the date for the public rulemaking proceedings.  The date set for the proceedings shall not be less than twenty (20) days after publication of notice as provided in this section.  Publication shall be in the Colorado Register, which shall be distributed pursuant to section 24-4-103(11)(h), C.R.S. and the Commission shall mail a copy of the notice to the petitioner, if any.
5.	Public notice may contain requirements with respect to special procedures, including party status, prehearing conferences and requirements for written testimony, which the Commission deems appropriate to any particular rulemaking hearing.
6.	An amended notice may be issued by the Commission at any time prior to the hearing without necessitating a continuance of the hearing date, provided the original notice is not substantially altered to the prejudice of any interested person.  If an amendment is substantial and prejudicial, the hearing date shall be continued to an appropriate date as determined by the state engineer, and notice thereof shall be made in the same manner as the original notice.
7.	The Commission may continue a hearing to another date by issuing written notice to that effect at any time prior to the close of the record, or by announcement at the date, time and place of the original hearing.
E.	Party Status
1.	Status as a party will be available to interested persons in rulemaking proceedings before the Commission, unless the Commission specifies otherwise in its notice of proposed rulemaking. Where an opportunity to obtain party status is provided, it may be obtained in the manner prescribed in this section.  Parties to rulemaking hearings shall have the rights specified in this section.
2.	If party status is to be allowed, then any person or agency who is interested may become a party to rulemaking proceedings by filing an application for party status.  Applications for party status shall be filed as stated in the notice of proposed rulemaking.  Thereafter, applications to be made a party shall only be granted if other parties will not be prejudiced thereby.
3.	Applications for party status shall set forth the name of the person, persons or agency seeking party status.  The application shall also indicate the interest of the person(s) in the proposed rules and a description of the general nature of the evidence to be presented in the course of the proceedings.
4.	For a hearing where party status is available, it shall be freely granted by the Commission.  Party status may be granted at the prehearing conference or other appropriate time prior to the hearing.
5.	The staff of the Commission shall automatically be a party to rulemaking proceedings before the Commission when party status is allowed to other persons.
F.	Prehearing Rulemaking Conference
1.	The Commission may specify in the notice of proposed rulemaking that a prehearing conference will be held.  Any such conference shall be held not less than five (5) days in advance of the hearing, unless the Commission, for good cause specifies otherwise.
2.	At any prehearing conference each applicant for party status shall present to the Commission and to every other person or party in attendance a prehearing statement that shall contain the following:
a.	A specific statement of the factual and legal claims it asserts;
b.	Copies of all exhibits it will introduce at the hearing;
c.	A list of witnesses it will call and a brief summary of their testimony;
d.	Specific language proposed for the rule, where appropriate, and a proposed statement of the basis and purpose for the rule.
e.	All written testimony it will offer into evidence at the hearing.
f.	The object of the prehearing rulemaking conference may include the formulation of stipulations or orders respecting the issues to be raised, and witnesses and exhibits to be presented by the parties (where applicable) or interested persons.  The parties or interested persons shall make known at the prehearing rulemaking conference any objections to the procedures or evidence that may be raised at the hearing.  Stipulations may be made at the prehearing conference to reflect any matters which have been agreed to or admitted by the parties or interested persons.  A prehearing order shall be prepared by the Commission or, at its direction, by any person or party, based upon the prehearing conference, which shall reflect any rulings made with respect to procedures to be followed at the hearing, or any other matters.

G.	Concerning motions, the Commission may require as part of the prehearing rulemaking conference or otherwise, advance submittal of all motions or requests for rulings that such person or party intends to make with respect to the proposed rulemaking.  These shall include motions regarding procedures, the scope and nature of the proceedings, or any other matter that requires a determination by the Commission prior to final agency action based on the record, or any matter that may reasonably be disposed of prior to receiving testimony or other evidence.

H.	The Commission shall issue subpoenas without discrimination between public and private persons or parties.  A subpoena shall be served by the person or party requesting its issuance in the same manner as a subpoena issued by a district court.  Upon failure of any witness to comply with such subpoena, the Commission may petition any district court, setting forth service of the subpoena and stating that due notice was given to the witness of the time and place of attendance.  The district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence under penalty of punishment for contempt in case of contumacious failure to comply with the order of court.  A witness shall be entitled to the fees and mileage provided for a witness in section 13-33-102 and 13-33-103, C.R.S., to be paid by the person or party requesting issuance of the subpoena.
I.	The conduct of rulemaking hearings shall be as follows:
1.	The Commission shall hold a public hearing before promulgating any rule or regulation.  At such hearing, the staff of the Commission, other parties and interested persons shall be afforded the opportunity to submit written data, views, or arguments, and to present the same orally unless the Commission deems it unnecessary.
2.	All witnesses shall be subject to cross-examination by or on behalf of persons who have obtained party status to the proceedings by the Commission and staff for the Commission.
3.	The Chairman for the Commission shall have authority to:  administer oaths and affirmations; sign and issue subpoenas; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of appropriate documents; take depositions or have depositions taken; issue appropriate orders; issue appropriate orders which shall control the subsequent course of the proceedings and take any other action authorized by statute or agency rule consistent with the APA.
4.	The Commission will make efforts to provide for and solicit the greatest possible public participation in rulemaking hearings.
5. 	The Commission may allow parties to submit evidence not previously submitted under prehearing conference procedures for good cause, such as where necessary for purposes of rebuttal.
6.	The Commission may permit parties to submit motions not previously submitted under prehearing conference procedures for good cause shown.
7.	After receiving evidence presented during the hearing the Commission may allow or require interested persons or parties to present oral or written summations of the facts and law as it deems necessary.
J.	Final Agency Action and Post-Hearing Procedures
1.         The Commission shall consider all submissions entered into the record in adopting any rule or regulation.  The rules or regulations promulgated shall be based on the record and the record shall consist of proposed rules, evidence, exhibits, other matters presented or considered, matters officially noticed, ruling on exceptions, and any written briefs filed.
2.	The Commission may incorporate by reference in their rules, without publishing the incorporated material in rules as finally published, standards or guidelines of any nationally recognized agency, association or organization.
3.	The Commission shall maintain certified copies of the complete text of material incorporated.  These copies shall be available for public inspection during regular business hours.  Certified copies of the material incorporated shall be provided upon request and upon payment of statutory copying fees.
4.	References to any incorporated material shall identify the incorporated material by appropriate agency, organization, or association by date, title and/or citation.  The reference shall also state that the rule does not include later amendments to or editions of the incorporated material.
5.	The Commission shall include in any rule incorporating material by reference the fact that the Commission will provide information regarding how the incorporated material may be obtained or examined.
6. 	After consideration of the relevant information presented, the Commission shall include as part of the rules or incorporate by reference in the rules adopted, a written and concise general statement of their basis and purpose.  The written statement of the basis and purpose of a rule that involves scientific or technological issues shall include a detailed, analytical evaluation of the scientific or technological rationale justifying the rule.
7.	All rules promulgated by the Commission shall first be submitted to the attorney general for his/her opinion as to their constitutionality and legality.  Any rule issued without being so submitted shall be void.
8.	Each rule adopted by the Commission, together with the attorney general’s opinion rendered in connection therewith, shall be filed within ten (10) days after adoption with the secretary of state for publication in the Colorado Register.  Rules revised to conform to action taken by the general assembly shall be filed with the secretary of state for publication in the Register and in the Code of Colorado Regulations
9.	Any rule as finally adopted by the Commission shall become effective twenty (20) days after final publication as required by law or on such later date as is stated in the rule.  Once a rule becomes effective the rulemaking process shall be deemed to have become final agency action for purposes of judicial review.

10.	All rules adopted by the Commission, including temporary or emergency rules, shall be submitted to the Legislative Drafting Office in the form and manner prescribed by the Committee on Legal Services.  Any rule issued that is not submitted to the Legislative Drafting Office within twenty (20) days after the date of the attorney general’s opinion rendered thereon shall be void.  The Commission shall revise their rules to conform to any action taken by the general assembly.

11.	The Commission shall maintain a copy of its currently effective rules, the current status of each published proposal for rules, all minutes of its actions upon proposed rules, and any attorney general’s opinion rendered on adopted or proposed rules.  This information shall be available for inspection by any person during regular office hours.
12.	The Commission shall make available to the public and shall deliver to anyone requesting it a copy of any rule of the agency then in effect or of any notice of proposed rulemaking proceeding in which action has is pending.  Upon request, copies of this information shall be certified.  The Commission shall charge the statutory fees for supplying any such copy. 
13.	The Commission shall maintain a docket listing the name, address, and telephone number of every person or party who has participated in a rulemaking proceeding by written or oral statement at any hearing concerning the rule(s).
14.	Temporary or emergency rules may be adopted without compliance with the procedures prescribed in this section and with less than twenty (20) days notice (or where circumstances imperatively require, without notice) where the Commission finds that immediate adoption of the rule is imperatively necessary for the preservation of public health, safety, or welfare, and compliance with the requirements of these rules would be contrary to the public interest.  Such findings and statement of the reasons for the action shall be published with the rule.  A temporary or emergency rule shall become effective on adoption or on such later date as is stated in the rule, shall be published promptly, and shall have effect for not more than three months from the adoption thereof unless made permanent by compliance with this section.
Rule 5	Hearing Officers

A.	Pursuant to section 37-90-113(2), C.R.S., the Commission may delegate to one or more members the responsibility to convene and conduct adjudicatory and non-rulemaking hearings under these rules.  The Commission may also appoint one or more persons to act as hearing officer and to make an initial decision on any matter.

B.	Upon a timely filing by a party of a sufficient affidavit of personal bias of the hearing officer, the hearing officer shall forthwith rule upon the allegations in such affidavit as part of the record in the case.  A person designated to conduct a hearing may at any time withdraw if he deems himself disqualified or for any other good reason in which case another person or hearing officer may be assigned by the commission to continue the hearing, and they shall do so in such manner that no substantial prejudice to any party results.

C.	If the parties are dissatisfied with the person or persons appointed by the commission to conduct the hearing or act as hearing officer, they may request the commission to appoint another person or persons.  Requests shall be accompanied by a detailed statement of the reasons justifying the request and shall include the identity of other parties that support the request.

Rule 6	Adjudicatory Hearings

A.	Parties shall first attempt to utilize discovery through informal methods.  When informal attempts fail, further discovery shall be conducted pursuant to the Colorado Rules of Civil Procedure.  Discovery shall be completed as ordered by the Commission or the hearing officer.

B.	The Commission or hearing officer shall issue subpoenas in accordance with section 24-4-105(5), C.R.S. on forms provided to the Commission or hearing officer by the party requesting the subpoena.
C.         The Commission or hearing officer may require advance submittal of all motions or requests for rulings that any party intends request at any hearing.  These shall include all motions regarding procedures, the scope and nature of the proceedings, or any other matter that requires a determination by the Commission or hearing officer prior to final agency action based on the record.
D.	A prehearing conference may be held if deemed useful by the Commission or the hearing officer assigned to the case.  Parties may also request a prehearing conference at least twenty (20) days before a scheduled hearing in writing.  The prehearing conference shall be for the purpose of facilitating the adjudication of issues to be determined at the hearing.  The scope of issues to be raised at the prehearing conference shall be determined by the Chairman of the Commission or the hearing officer.  Prehearing conferences shall be held in the Commission office in Denver unless the Chairman of the Commission or the hearing officer determine the conference should be held at some other location.  The Commission or the hearing officer may hold prehearing conferences by telephone at their discretion for cost saving purposes or the convenience of the parties.

E.	Prior to any prehearing conference or hearing all parties shall file a prehearing statement by the date ordered by the Commission or the hearing officer.  Failure to file a prehearing statement or other such documents by any party as ordered may result in dismissal of that party’s claims if the Commission or hearing officer determines such failure results in undue prejudice to the other parties in the case.  The prehearing statement shall include the following:
a)	Specific statements of all factual and legal claims asserted by the party.
b)	A list of facts the party believes to be undisputed between the parties.
c)	A list of all exhibits the party plans to introduce at the hearing.
d)	A list of witnesses the party plans to call and a brief summary of their testimony.

F.	The object of the prehearing conference may include the formulation of stipulations or orders respecting relevant issues to be raised as well as witnesses and exhibits expected to be presented by the parties (where applicable).  The parties shall make known at the prehearing conference any objections to the procedures or evidence that may be raised at the hearing.  Stipulations are encouraged and may be made at the prehearing conference to reflect any matters that have been agreed to or admitted by the parties or interested persons.  A prehearing order may be prepared by the Commission or the hearing officer and shall reflect any rulings made by the Commission or hearing officer with respect to procedures or any other matters to be followed at the hearing.

G.	Adjudicatory hearings heard by the Commission or hearing officer shall be held within the boundaries of the designated ground water basin and  ground water management district, if one exists, in which the water rights directly involved are situated, or at such other place as may be designated by the Commission for the convenience of, and as agreed to by, the parties involved.

H.	All adjudicatory hearings shall be held within one hundred eighty days after the filing of a request for such a hearing unless all parties to the hearing agree otherwise or, unless otherwise ordered by the Commission or hearing officer due to extenuating circumstances.

I.	The Chairman of the Commission or hearing officer shall determine the order in which the parties shall present their cases, except that unless good cause is shown, the applicant, petitioner, or whichever party is determined to bear the burden of proof, shall proceed first.

J.	The Colorado Rules of Evidence shall be adhered to the extent deemed appropriate by the Commission or hearing officer with respect to the submission of evidence in accordance with the provisions of section 24-4-105(7), C.R.S.

K.	Parties who have obtained party status (including staff for the Commission) may make objections and all witnesses shall be subject to cross-examination.  Interested parties shall not be allowed to make objections and shall only be allowed to question witnesses at the discretion of the Commission or hearing officer.  The Commission or hearing officer may question any witness that testifies at the hearing and all witnesses shall also be subject to cross-examination by the Commission or hearing officer. 

L.	In conducting adjudicatory hearings the Chairman of the Commission or hearing officer shall, in addition to the authority specified elsewhere, have authority to:  administer oaths and affirmations; sign and issue subpoenas; regulate the course of the hearing; set the time and place for continued hearings; fix the time for the filing of appropriate documents; take depositions or have depositions taken; issue appropriate orders; take depositions or have depositions taken; issue appropriate orders that shall control the subsequent course of the proceedings; and take any other action authorized by statute or agency rule consistent with the APA.

M.	The Commission or hearing officer may allow parties to submit evidence not previously submitted under prehearing conference procedures for good cause shown.

N.	The Commission or hearing officer may permit parties to submit motions not previously submitted under prehearing conference procedures for good cause shown.

O.	The Commission or hearing officer, after the receipt of the evidence, may allow or require parties to present oral or written summations of the facts and the law, either at the hearing or subsequent thereto.

P.	All parties shall have the right to present their case or defense by oral and documentary evidence.  Further, they shall have the right to submit rebuttal evidence and conduct cross-examination as may be required for a full and true disclosure of the facts.  Subject to these rights, where a hearing will be expedited and the interests of the parties will not be substantially prejudiced, the Commission or Hearing Officer may receive all or part of the evidence in written form.

Q.	The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil non-jury cases in the district courts.  However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceedings, the Commission or hearing officer may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.  Objections to evidentiary offers may be made and shall be noted in the record.  The Commission or hearing officer shall give effect to the rules of privilege recognized by law.  Incompetent and unduly repetitious evidence may be excluded.  Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available, but upon request, the party shall be given an opportunity to compare the copy with the original.

R.	The Commission or hearing officer may utilize their experience, technical competence, and specialized knowledge in the evaluation of the evidence presented and in doing so, may take notice of general, technical, or scientific facts within their knowledge if the relevant fact noticed is specified in the record or brought to the attention of the parties before a final decision (or initial decision of the hearing officer).  All parties shall be afforded an opportunity to controvert the fact so noticed.

S.	Any party, or the agent, servant, or employee of any party, permitted or compelled to testify or submit data or evidence, shall be entitled to the benefit of legal counsel of his own choosing and at his own expense, but a person may appear for himself.  An attorney who is a witness may not act as counsel for the party calling him as a witness.  Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and, upon payment of a reasonable charge may procure a copy of the transcript of his or her recorded testimony.

T.	Prompt notice shall be given of the refusal to accept for filing or the denial in whole or in part of any written applications or other request made in connection with any adjudicatory hearing, with a statement of the grounds for such refusal or denial.

U.	The Commission or hearing officer shall cause the proceedings to be recorded by a reporter or by an electronic recording device.  When requested, the Commission or hearing officer shall cause the proceedings, or any portion thereof, to be transcribed, the cost thereof to be paid by the party requesting the transcription.  If the Commission acquires a copy of the transcription on its own accord a copy of the transcription shall be made available to any party at a reasonable time for inspection and study.

V. 	Adjudicatory hearings before the Commission or hearing officer shall be conducted in the following order unless otherwise directed by the Commission or hearing officer, or unless as otherwise provided for by rule or statute:
1.	Call to order, introductory remarks, and action on applications for party status.
2.	Presentation of stipulations, proposed findings of fact, proposed conclusions of law, and/or any other matter that was addressed at the prehearing conference.
3.	Opening statement by the party upon whom the burden of proof rests, (if the party so desires).
4.	Opening statements by all other parties, (if the parties so desire).
5.	Presentation of the case-in-chief by the party upon whom burden of proof rests.
6.	Presentation by all other parties wishing to offer evidence, in the order to be determined by the Commission or hearing officer.
7.	Rebuttal by the party upon whom the burden of proof exists.
8.	Closing statement by party upon whom the burden of proof rests.
9.	Closing statements of all other parties.
10.	At the conclusion of any witness’s testimony, or at the conclusion of the party’s entire presentation, as may be determined by the Commission or hearing officer, all other parties may then cross-examine such witness or witnesses.  The Commission or hearing officer shall determine the order of cross-examination.
11.	At the discretion of the Commission or hearing officer, any person who is not a formal party to the proceedings that desires to present testimony may do so by indicating his or her desire in writing no later than five (5) days prior to the hearing.  A sign-up form will be available prior to and during the hearing.  Voluntary testimony not specifically requested per the written form may still be allowed.  The parties shall be given an opportunity to respond to nonparty evidence in a manner deemed appropriate by the Commission or hearing officer to avoid prejudice.
12.	Briefs and memoranda of law filed by the participants shall be served upon the Commission, hearing officer and all parties at least ten (10) days prior to the hearing unless otherwise ordered.
W.	No ex parte communication with parties or their legal counsel by the Commission or hearing officer may occur during any pending adjudicatory proceeding.  However, the Commission or hearing officer may request that certain information or tasks be provided or performed by requesting such via letter or pleading sent to all parties involved in the case.
X.	The Commission or hearing officer, after receipt of the evidence, may require parties to present oral or written summations of the facts and the law, or proposed findings of fact and conclusions of law, or both, either at the hearing or subsequent thereto, as deemed appropriate.
Y.	These procedures may be modified by the Commission or hearing officer if deemed necessary to affect the speedy resolution of the matter without prejudice to the participating parties before them.
Rule 7	Requests For Administrative Hearings Before The Commission Under Section 37-90-114, C.R.S.
A.	Requests for all hearings must be timely filed pursuant to these regulations and applicable statutory requirements.
B.	Requests for all hearings shall contain the following information:
1.	Identification of the person(s) requesting the hearing and the subject matter of the request.
2.	The legal, statutory, and regulatory authority forming the basis and authority for the request.
3.	The basis upon which the applicant believes the Commission or the state engineer when acting as its executive director, has committed error with respect to the subject matter of the request.
4.	An estimate of the time that will be required for the hearing.

5.	Any person wishing to request a hearing on or claim injury from an order of the Commission or the State Engineer pursuant to section 37-90-114, C.R.S., shall file a written statement with the Commission setting forth the grounds for the request for hearing or claim of injury within thirty (30) days of receipt of the order.
6.	After receipt of such a request for hearing or claim of injury, the Commission shall conduct a hearing thereon pursuant to these rules and statutory authority.
Rule 8	Notice Concerning Adjudicatory and Other Non-Rulemaking Hearings
A.	The Commission or hearing officer shall provide written notice of all adjudicatory and other non-rulemaking hearings in accordance with the requirements of this section.
B.	The Commission or hearing officer shall provide all parties, including petitioner(s), if applicable, timely notice of the time, place, nature of the hearing, and the legal authority under which the hearing will be conducted.
C.	Unless otherwise provided by law, notice shall be served personally or by mailing by first-class mail to the last address furnished the Commission or hearing officer by the person to be notified, at least twenty (20) days prior to the hearing.
D.	Due regard shall be given for the convenience and necessity of the parties and their representatives in fixing the time and place for all hearings, including the requirements set forth under section 37-90-113, C.R.S.
E.	A notice may contain requirements with respect to any special procedures, including requirements for written testimony as deemed appropriate concerning any particular adjudicatory matter.
F.	An amended notice may be issued any time prior to the hearing without necessitating a continuance of the hearing date, provided the original notice is not substantially altered to the prejudice of any party.  If an amendment is substantial and prejudicial, the hearing date shall be continued to an appropriate date as determined by the Commission or hearing officer.
G.	 The Commission or hearing officer may continue a hearing to another date by issuing written notice to that effect at any time prior to the close of the record, or by announcement at the date, time, and place of the original hearing.
Rule 9	Party Status for Adjudicatory and Other Non-Rulemaking Hearings
A.	Any person requesting an adjudicatory or other non-rulemaking hearing shall be granted party status and need not file an application to be granted this status.
B. 	Any person who may be affected or aggrieved by the Commission’s or State Engineer’s action shall be admitted as a party to the proceeding upon filing a timely written request in accordance with the requirements of this subsection.
C.	Application to be made a party shall set forth a brief and plain statement of the reasons for seeking party status, including the facts that entitle admission and issues believed to be decided.  The statement should contain a description of the general nature of the evidence to be presented in the course of the proceedings.
D.	The Commission or hearing officer shall grant or deny party status at the prehearing conference or other appropriate time prior to the hearing in a manner that does not prejudice other parties already participating in the proceedings.
E.	Staff of the Commission shall automatically be a party in all adjudicatory or other administrative proceedings.  The attorney general shall represent staff.
F.	Nothing in this subsection shall prevent the Commission or hearing officer from admitting any person as a party to any proceedings for limited purposes.
Rule 10	Final Agency Action for Adjudicatory and Other Non-Rulemaking Hearings
A. 	The Commission or hearing officer shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order.
B. 	Hearings before the Commission and initial decisions by a hearing officer shall be based on the record.  The record shall include:  All pleadings, applications, evidence, exhibits and other papers presented or considered, matters officially noticed, ruling upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed.
C.	In any case where the Commission has conducted the hearing, it shall prepare, file and serve upon each party its decision.  In any case where the hearing officer has conducted the hearing, the hearing officer shall prepare and file an initial decision that shall be served upon each party.  Each decision and initial decision shall include a statement of findings and conclusions upon all the material issues of fact, law or discretion presented by the record and the appropriate order, sanction, relief, or denial thereof.  In the absence of an appeal to the Commission the initial decision of a hearing officer shall become the final decision of the Commission.  In such case the evidence taken by the hearing officer need not be transcribed. Any appeal to the Commission from the initial decision of the hearing officer shall be taken by a party by filing exceptions within thirty (30) days after service of the initial decision of the hearing officer upon the parties, unless extended by the Commission, or a review upon motion by any member of the Commission within thirty (30) days after service of the initial decision of the hearing officer.  
D.	Any party who seeks to reverse or modify the initial decision of the hearing officer shall promptly file with the Commission a designation of the parts of transcript of the proceedings that shall be prepared and advance the cost therefore.  Within ten days thereafter, any other party or the Commission may also file a designation of additional parts of the transcript of the proceedings that are to be included and advance the cost therefore.  The transcript or the parts thereof which may be designated by the parties shall be prepared by the reporter or, in the case of an electronic recording device, the agency conducting the hearing, and shall thereafter be filed with the Commission.  No transcription is required if the Commission’s review is limited to a pure question of law.  The Commission may permit oral argument.  The grounds of the decision shall be within the scope of the issues presented on the record.  The record shall include all matters constituting the record upon which the decision of the hearing officer was based, the rulings upon the proposed findings and conclusions, the initial decision of the hearing officer, and any other exceptions and brief filed.  
E.	Unless the hearing officer’s findings of evidentiary fact are contrary to the weight of the evidence, those findings, as distinguished from ultimate conclusions of fact, shall not be set aside by the Commission on review of the hearing officer’s initial decision.  The Commission may remand the case to the hearing officer for any further proceedings as they may direct, affirm, set aside, or modify, including any sanction or relief entered therein, in conformity with the facts and the law.
F.	Each decision and initial decision shall be served on all parties by personal service or by mailing by first class mail to the last address furnished to the Commission or hearing officer by each party, and shall be effective as to such party on the date mailed or such later date as is stated in the decision.
G.	A party seeking judicial review of Commission action may apply to the Commission to postpone the implementation date of the agency action.  The Commission, upon a finding that irreparable injury would otherwise result, shall postpone the implementation date of the action pending judicial review.  Postponement of the implementation date of an action does not stay the time for seeking judicial review and does not constitute Commission agreement to grant a hearing, rehearing or reconsideration.
Rule 11	Reconsideration

A.	During the time permitted for seeking judicial review of any final order rendered by the Commission or hearing officer in any adjudicatory or other administrative hearing, any party affected or aggrieved by such order or determination may apply to the Commission or hearing officer for a rehearing with respect to, or reconsideration of, such order or determination.  The determination by the Commission or hearing officer whether to grant or deny the application for a rehearing, or reconsideration shall be made within 10 days after receipt by the hearing officer of such application.  Determinations by the Commission as a body whether to grant or deny the application for a rehearing, or reconsideration shall be made at the next regularly scheduled Commission meeting.
B.	If the application for a rehearing or reconsideration is granted, the order or determination to which such application pertains shall not be considered final for purposes of judicial review and the Commission or hearing officer may affirm, reverse, or modify, in whole or in part, the pertinent order or determination.  Thereafter, such order or determination shall be final and not subject to reconsideration under this section.
C.	If the application before the Commission (an initial decision of the hearing officer is not included herein) for a rehearing or reconsideration is denied, the applicable order or determination shall be considered final agency action as of the date the denial is originally signed or indicated in the relevant decision under application for reconsideration.  An application under this section extends the time period for seeking judicial review of the original order or determination only for the number of days that it is pending, since such an application merely stays the time period for seeking judicial review.
D.	Applications for reconsideration by the hearing officer shall stay the time for running an appeal to the Commission only by the number of days that it is pending.  Applications for re-hearing or reconsideration filed with the hearing officer must be filed within 10 days of the hearing officer’s initial decision and the hearing officer must file a written decision concerning such reconsideration within 10 days receipt of its filing.
E.	The decision to grant or deny a rehearing or reconsideration pursuant to this section is not subject to judicial review.