2019-09-23_ENFORCEMENT - M1996076 (3)

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written authority. C.R.S. 13-1-127 (2). These are dual requirements. These are in addition to the right to legal counsel enjoyed by entities,persons and witnesses. 20. In addition, the Administrative Procedures Act, under which the Hard Rock Rules were developed, are highly protective of the right to have counsel present. This includes parties and employees of parties permitted or compelled to testify or to present data or evidence. This statement is made twice in the statutory provision, indicating that it is of substantial importance. C.R.S. 24-4-105 (9). A request to have counsel present must always be taken seriously; here there were at minimum three such requests. 21. Mr. Beckwith, in addition to medical procedures cited to Division and counsel, is an expert witness in a major road trial; as such, he has been and will be involved in a mock trial and the actual trial before the court in Glenwood, Colorado. He was unavailable for the August and September hearings, and remains so. 22. The proper course here is to re-open the evidentiary record for the presentation of Western Slopes and Fontanari's case, including lay and expert witnesses and rebuttal testimony anticipated from Division. 23. Western Slope and Fontanari request that this matter be scheduled for a pre-hearing conference to define the issues remaining before the Board and to allocate and schedule lay and expert testimony from multiple witnesses. A pre-hearing conference between the parties would streamline and shorten the testimony before the Board to accomplish the efficiency objectives contained in the Hard Rock Rules. 24. Documents and reports in the file of Beckwith have been transferred to the undersigned by Mr. Beckwith, consisting of some four thousand pages of correspondence, reports and expert reports and maps related to the operation. These are being reviewed, copied and 6