2025-04-11_REVISION - M2003001 (11)

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Party Status In order to submit information and exhibits for use during a Board Hearing of a contested reclamation permit application or amendment the person or entity must have “Party” status. Pursuant to the Acts and Rules, a person may participate as a “Party” if they: (1) Submit a timely written comment or objection to the Division. For a 110 permit application this is no more than 10 calendar days and for a 112 permit application this is no more than 20 calendar days after the last date for the newspaper publication of notice of the application. The comment or objection letter must include the person’s: name, ma iling address, telephone number, email address, and an explanation of how they are directly and adversely affected or aggrieved by the proposed mining operation [see “Party” definition in Construction Materials Rule 1.1(38) and Hard Rock/Metal Mining Rule 1.1(50)]. Please note, the comment periods are set by Rule and the Division cannot accept untimely comments. AND (2) Attend the Pre-hearing Conference (PHC) or provide a proxy authorization form (see attached Authorization to Appear on Behalf of a Party) to the Board’s Pre-hearing Conference Officer on or before the date of the Pre-hearing Conference and the Party’s authorized representative is present at the conference [pursuant to Rule 2.7.3(4)]. Any Party may be represented by an attorney. A Party waives their rights if they fail to attend the PHC. AND (3) Attend the Formal Board Hearing. A Party waives their rights if they fail to attend the Board Hearing. General Requirements (Rule 2.6) Only a Party may present evidence, call witnesses, and cross-examine witnesses during the Board Hearing on the application. See Party Status section above. All motions, responses, replies, witness lists, and exhibit lists shall identify the names, address, email, and phone number of the submitting party, and the file number assigned to the application by Division. If a Party is represented by an attorney or other representative, the name, address, e mail, and phone number of the attorney or other representative shall be provided on all documents submitted to the Board. All motions, exhibit and witness lists shall be filed with the MLRB and served on all Parties and the Division at the same time. All filings with the Board shall be through the Office of Mined Land Reclamation’s Administrator at the below email. Filings will be placed on the DRMS Website for the scheduled hearing within one working day of established deadlines for all Parties. During a Formal Board Hearing a party may use a witness or other exhibits for testimony. The Party shall provide a written list of all potential witnesses and list of exhibits at the Pre -hearing Conference pursuant to Rule 2.6(2). Specific requirements for each type of testimony are listed below.