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Page 50 Construction Materials Rule (3) Apetition to intervene shall set forth. a concise statement of the facts necessary to demonstrate the nature of its position, and the tnanner in which the statute: rule or order in question does or does not apply to the Petitioner. 2.5.6 Effect of a Declaratory Order Any dec]aratory order or other order disposing of a petition pursuant to this rule shaIl constitute agency action subject to judicial review pursuant to Section 244-106, C.R.S. 2.6 PRE-HEARING PROCEDURES -MOTIONS, WITTtF„SS AND EXI~PI' LISTS (1) The provisions of this Rule 2.6 shall apply to the Applicant and any entity that has active parry status, and any person who desires to become a party Where a party to a hearing files motions or written requests related to a Board hearing, such motions or written requests shall be provided by the party to all other parties, and twelve (12) copies of such motions or written requests shall be delivered to the Boad, in care of the Office, no less than fifteen (15) working days prior to the Formal Board Hearing. Such motions or written requests must clearly set out the fIle number, the subject on which the submitting parry seeks Board action, and the grounds for ruling or deciding in favor of the party that submits the motion or written request. All other parties to the hearing may respond to the filing of a motion or written request, but such responses shaIl be made in writing, and shall be provided by the responding party to .aIl other parties no less than five (5) working days prior to the Formal Board Hearing. In addition, the responding party shall deliver twelve (12) copies of their response to'the Board, in caze of the Office, no less than five (5) working days prior to the Formal Boad Hearing. For good cause shown, and in consideration of any objections, the Boad may entertain verbal responses to a motion or request at the Hearing. (2) If a parry to a Formal Board Hearing intends to use witnesses or exhibits at the Formal Board Hearing, that party shall provide all other parties and the Office with information identifying all witnesses and exhibits in accordance with the foIlowing procedures: