2016-05-18_PERMIT FILE - M2016025

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Page 51 Construction Materials Rule 2 how that person is affected or aggrieved by the petition for Declaratory Order. (3) A petition to intervene shall set forth a concise statement of the facts necessary to demonstrate the nature of its position, and the manner in which the statute, rule or order in question does or does not apply to the Petitioner. 2.5.6 Effect of a Declaratory Order Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to Section 24-4-106, C.R.S. 2.6 PRE-HEARING PROCEDURES -MOTIONS,WITNESS AND EXHIBIT LISTS The provisions of this Rule 2.6 shall apply to the Applicant and any entity that has party status. (1) All motions,except those made during a hearing,or when the Board deems an oral motion to be appropriate, shall be in writing and shall state the grounds for the motion. Motions shall be received by the Board no later than two (2) Working Days following the Pre-hearing Conference. Any written response to a motion must be received by the Board no later than three (3)Working Days prior to the date of the Formal Board Hearing. (2) A party to a Formal Board Hearing may use witnesses or exhibits at the Formal Board Hearing. Parties shall provide a written list of all potential witnesses and exhibits at the Pre-hearing Conference in accordance with the following: (a) The list of potential witnesses must include each witness' name, current address and phone number, area of expertise (if expert witness), and the subject matter of the testimony. Parties are not obligated to use any witness even if listed, but parties may not, without express permission from the Board at the Formal Board Hearing, introduce testimony from a witness that was not listed in accordance with this Rule.