2018-09-11_PERMIT FILE - M2018043

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Page 62 Hard Rock/Metal Mining Rule 2 2.5.2 Petition Submission (1) The petition must be submitted, at a minimum, ten (10) days prior to the Board meeting at which it is to be considered. (a) At the regularly scheduled Board meeting, the Board will determine in its discretion and without notice to Petitioner, whether to rule upon any such petition. (b) If the Board determines that it will not rule upon such a petition, the Board shall promptly notify the Petitioner of its action and state the reasons for such action. (2) Any petition filed pursuant to this rule shall set forth the following: (a) the name and address of the Petitioner and whether the Petitioner is a Permittee pursuant to the Colorado Mined Land Reclamation Act; (b) the statute, rule or order to which the petition relates; (c) a concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the Petitioner. 2.5.3 Consideration of Petition In determining whether to rule upon a petition filed pursuant to this Rule, the Board will consider the following matters, among others: (a) whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to Petitioner of any statutory provision or rule or order of the Board. (b) whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Board or a court involving one or more of the Petitioners. (c) whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Board or a court, but not involving any Petitioner. (d) whether the petition seeks a ruling on a moot or hypothetical question or