2017-11-24_GENERAL DOCUMENTS - M2017036 (6)

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been received, an application will be automatically approved if the Board fails to hold'a hearing and decide on an application within 120 days of an application's filing date. The only exception is where the applicant waives the 90- or 120-day deadlines. If an application is set for a board hearing because of a written objection, the Division must hold a Pre-hearing Conference. The Pre-hearing Conference must occur after the Division has issued its written recommendation and at least ten (10) calendar days prior to the Formal Board Hearing. (We recommend that you review Rules 2.6 and,2.7 which explain the Pre-hearing Conference and process, and Rule 2.8 which describes board hearings.) At least three (3) working days prior to the Pre-hearing Conference, the Division is required to mail all parties its recommendation and rationale for approval or denial of the application. Upon request, the Division will also send its recommendation and rationale to a party by facsimile or electronic mail. Copies of the Division's recommendation and rationale will also be available at the Pre-hearing Conference. The purpose of the Pre-hearing Conference is to explain the application review and board hearing processes, identify issues within and outside of the Board's jurisdiction, recognize the parties, and encourage the resolution of issues, whenever possible. Following the Pre-hearing Conference, the Pre-hearing Conference officer drafts a proposed Pre-hearing Order. This Order recommends a list of parties, identifies issues within the Board's jurisdiction to be considered at the Formal Board Hearing, and proposes a hearing schedule with time allotments. Please note that parties are required to present their list of potential witnesses and exhibits at the Pre-hearing Conference per Rule 2.6(2). At the Formal Board Hearing, the Board may adopt the Pre-hearing Order as is, amend it, or reject it. In addition to the information provided at the Pre-hearing Conference, Rule 2.8 further describes Formal Board Hearings. Unless the hearing is continued to a future board meeting, the Board will publicly deliberate, vote, and enter its decision on the application directly following closing testimony in the case. The Board's written decision will be mailed to each party as soon as possible. Any decision by the Board is considered final agency action for purposes of appeal. Per Rule 2.9, within twenty (20) days of the effective date of the Board's written decision, any party to the hearing may petition the Board to reconsider its decision, citing in the petition specific reasons justifying reconsideration. A petition for reconsideration must set forth a clear explanation of the grounds justifying reconsideration, including facts not known at the time of the original hearing and an explanation of why those facts were not then known. Unless the Board acts upon the petition within sixty (60) days of receipt, it is automatically deemed denied. If the reclamation permit or amendment application is approved by the Board, as with applications approved by the Division, once the Division receives any compulsory performance and financial warranties from the applicant, the permit will be granted. If you have any questions about the application process and your role, please do not hesitate to call the Division at (303) 866-3567. You should ask to speak to the Environmental Protection Specialist in charge of the application review, or the Specialist's supervisor. 8