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RIGHTS AND RESPONSIBILITIES OF A PARTY <br /> A party to an application under review has certain rights and responsibilities not afforded a non- <br /> party. For example, a party may present evidence at a hearing, call witnesses, and cross- <br /> examine other parties' witnesses. A party also has the right to sue or be sued in district court on <br /> matters surrounding an application's review and the Board's decision on the application. For a <br /> complete list of a party's rights and responsibilities, please see Rules 1.4.9, 2.6, 2.7.3, 2.8, and <br /> 2.9. Also refer to the State Administrative Procedures Act, Title 24, Article 4, Sections 101, et. <br /> seq., especially Sections 105 and 106. <br /> Per Rule 2.7.3(3), if, for any reason, you want to withdraw as a party, you are requested to do <br /> so in writing prior to the commencement of or on the record during the Formal Board Hearing on <br /> the matter. A party withdraw form is attached to this document if you choose to withdraw an <br /> objection to the application. <br /> All parties are entitled to be represented by an attorney, or may designate a proxy, by way of a <br /> written proxy authorization, to attend the Pre-hearing Conference on behalf of the party. The <br /> proxy must be on the Board's authorized form and presented to the Pre-hearing Conference <br /> Officer on or before the date of the Pre-hearing Conference. A copy of the proxy form is <br /> attached to this document. <br /> Any party who does not attend the Pre-hearinq Conference forfeits his or her party status and all <br /> associated rights and privileges. Please see Rule 2.7.3(4). The rule also describes how you <br /> may preserve your party status if you are not able to attend the Pre-hearing Conference in <br /> person. You must attend the Formal Board Hearing to preserve your party status and all your <br /> associated rights and privileges (See Rule 2.8.1(1)). <br /> The Board's decision to approve or deny an application is based on whether the application <br /> minimally meets the technical and engineering requirements of the Act and Rules 3.1 and 6. <br /> Therefore, to the extent possible, your comments and presentations to the Board should be <br /> technically based. It is also helpful if you can provide the Board with possible solutions or <br /> suggestions as to how the application may be conditioned to solve or mitigate your concerns. <br /> However, any recommendations must be within the Board's jurisdiction. <br /> In order to review the requirements of Rules 3.1 and 6, you may obtain a copy of the rules and <br /> regulations from the Division for a small fee. They are also available on the Internet at <br /> http://www.mining.state.co.us/rulesandregs.htm. <br /> Even if you choose not to be a party or to withdraw your party status, as a non-party you may <br /> still address the Board on matters of concern during the public comment portion of the Formal <br /> Board Hearing. However, in this case, you will not preserve or be entitled to the rights of a party <br /> as detailed in Rules 1.4.9, 2.6, 2.7.3, 2.8, and 2.9. (In the event all objecting parties withdraw <br /> prior to the Formal Board Hearing, the Division is authorized to approve or deny the application. <br /> No Formal Board Hearing is held. Therefore, in this instance, there is no opportunity for a party <br /> to provide public comment at a Board hearing.) <br /> 6 <br />