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Page 49 <br /> Construction Materials Rule 2 <br /> (a) whether a ruling on the petition will terminate a controversy or <br /> remove uncertainties as to the applicability to Petitioner of any <br /> statutory provision or rule or order of the Board. <br /> (b) whether the petition involves any subject,question or issue which is <br /> the subject of a formal or informal matter or investigation currently <br /> pending before the Board or a court involving one or more of the <br /> Petitioners. <br /> (c) whether the petition involves any subject,question or issue which is <br /> the subject of a formal or informal matter or investigation currently <br /> pending before the Board or a court, but not involving any <br /> Petitioner. <br /> (d) whether the petition seeks a ruling on a moot or hypothetical <br /> question or will result in an advisory ruling or opinion. <br /> (e) whether the Petitioner has some adequate legal remedy,other than <br /> an action for declaratory relief pursuant to Rule 57,Colorado Rules <br /> of Civil Procedure,which will terminate the controversy or remove <br /> any uncertainty as to the applicability to the Petitioner of the statute, <br /> rule or other in question. <br /> 2.5.4 Procedure for Consideration <br /> If the Board determines that it will rule on the petition the following <br /> procedures shall apply: <br /> (a) The Board may,without further notice,rule upon the petition based <br /> solely upon the facts presented in the petition. In such a case,any <br /> ruling of the Board will apply only to the extent of the facts <br /> presented in the petition and any amendment to the petition. <br /> (b) The Board may order the petitioner to file a written brief, <br /> memorandum or statement of position. <br />