Section R12-17-105. Evidence

A.      Submission of evidence.

1.        Any person may submit evidence to the Commission in person or by mail to the Arizona Navigable Stream Adju- dication Commission, 1700 West Washington, Suite 304, Phoenix, Arizona 85007, on or before the published hear- ing date.

2.        A person may submit evidence relevant to a matter that is being heard.

3.        A person is not required to resubmit evidence previously submitted to the Commission before August 9, 2002 that relates to the navigability of a particular watercourse.

4.        A person submitting evidence shall submit an original and seven copies of the evidence.

a.         The evidence shall, where practical, be printed on one side of 8 1/2 x 11-inch paper.

b.        For computer-generated presentations, such as Pow- erPoint, only paper printouts of the presentation slides are accepted.

5.        All evidence submitted, including maps, charts, photo- graphs, transparencies, audiotapes, and videotapes are the property of the Commission.

B.       Evidence review. A person may review any evidence submit- ted for a hearing and may request, at the person’s expense, a copy of any item that can be copied.

C.      Objection to an item of evidence.

1.        Any person may object to the admission or exclusion of an item of evidence by making the objection on the record at the public hearing at which the item of evidence is offered.

2.        The Commission shall admit the evidence, exclude the evidence, or take the matter under advisement for later determination.

D.      Recordkeeping. The Commission shall maintain a permanent record for all relevant evidence submitted for each hearing.

Historical Note

New Section made by final rulemaking at 11 A.A.R.

3300, effective October 1, 2005 (Supp. 05-3).