2 Colo. Code Regs. § 402-5-9
Current through Register Vol. 47, No. 20, October 25, 2024
Rule 2 CCR 402-5-9 - Hearing OfficersA. Pursuant to § 37-80-102(2), and § 37-80-109(2), C.R.S., the State Engineer may designate a person or persons to convene and conduct hearings under these rules on his behalf and make Initial Decisions on the matter heard. When appropriate, the Hearing Officer may be an employee of the Division of Water Resources, except that no person engaged in conducting a hearing or participating in a decision or an Initial Decision shall be responsible to or subject to the supervision or direction of any officer, employee or agent engaged in the performance of investigatory or prosecuting functions for the Division of Water Resources. See also § 24-4-105(3) and (6), C.R.S.B. Upon a timely, good faith 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 State Engineer to continue the hearing, and he shall do so in such a manner that no substantial prejudice to any Party results. § 24-4-105(3), C.R.S.C. If the Parties are dissatisfied with the Person or Persons appointed by the State Engineer to conduct the hearing or act as the Hearing Officer, they may request the State Engineer 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. The Parties may request that the matter be referred to the Division of Hearing Officers; however, the Parties must be willing to pay for the full cost of such referral.38 CR 24, December 25, 2015, effective 1/15/2016