1. (1) A hearing before a Presiding Officer is permitted in an enforcement adjudicative proceeding if:

   1. (a) The proceeding was commenced by an IO; and
   2. (b) The respondent files a timely request for hearing that meets the requirements of Section R655-14-16; and
   3. (c) The respondent raises a genuine issue of material fact; or
   4. (d) The Presiding Officer determines that a hearing is required to serve the interests of equity or justice.

2. (2) No genuine issue of material fact exists if:

   1. (a) The evidence presented to the Presiding Officer by the Enforcement Engineer and by the respondent is sufficient to establish the violation of the respondent under applicable law; and
   2. (b) No evidence presented by the respondent conflicts with or substantially counters the evidence the Enforcement Engineer relied on when issuing the IO.

3. (3) The Presiding Officer may make a decision without holding a hearing if:

   1. (a) Presentation of testimony or oral argument would not advance the Presiding Officer's understanding of the issues involved;
   2. (b) Delay would cause serious injury to the public health and welfare;
   3. (c) Disposition without a hearing would best serve the public interest.
4. (4) If no hearing is held, the Presiding Officer may issue a Final Judgment and Order in reliance upon the record, as defined in this rule, or may order a preliminary conference to supplement or clarify the record.
5. (5) A respondent at any time may withdraw the respondent's request for a hearing. The withdrawal shall be filed with the Division, in writing, signed by the respondent or an authorized representative, and is deemed final upon the date filed.

KEY: water rights, enforcement, administrative penalties

Date of Last Change: February 10, 2009

Notice of Continuation: October 22, 2024

Authorizing, and Implemented or Interpreted Law: 73-2-1(4)(g); 73-2-25; 73-2-26; 73-3-25