Laserfiche WebLink
<br />Page 2 ~ • <br />expiration of the five day period following the Informal Conference, that person has two other <br />options: 1) he or she may petition the DMG for party status prior to apre-hearing conference <br />in accordance with Rute 2.7,1(lxb) of the Hard Rock Rules or Construction Materials Rules, <br />and may be admitted as a party at the pre-hearing conference at the discretion of the pre- <br />heazingconference officer for good cause shown; or 2} he or she may petition the Board for <br />party status for limited purposes at the Board hearing'on the matter in accordance with Rule <br />2.7.2(b) of the Hazd Rock Rules or Construction Materials Rules. <br />II. Party status at a Board hearing entitles you to present evidence and call <br />witnesses, as well a9 to cross-examine other parties' witnesses. As s party, you are <br />entitled to be represented by an attorney, and you may also designate a proxy to attend <br />n Pre-Hearing Conference or Final Hearing on your behalf. <br />Under the APA, a party to a matter heard by the Boazd "shall have the right to present <br />his case or defense by oral and documentary evidence, and to conduct such cross-examination <br />as maybe required for a full and true disclosure of the facts." C.R.S. § 24.4-105(7), <br />Witnesses may be used by parties, and parties can also Cross-examine witnesses presented by <br />other parties. C.R.S. § 24-4-105(4). "Any party, or the agent, servant, or employee of any <br />party, permitted or compelled to testify or to submit data ar evidence shall be entitled to the <br />benefit of legal counsel of his or her own choosing and at his or her own expense, but a <br />person may appear on [his or her] own behalf" C.R.S. § 24-4-105(9)(a). It is important to <br />note, however, that a party who is represented by an attorney cannot have his or her attorney <br />also testify as a witness. Id, <br />The DMG's practice is to allow parties to designate proxies to attend pre-hearing <br />conferences or Board hearings. If a party is unable to attend a meeting and wishes to <br />designate a proxy, the party must fill out an authorization form prepazed by the Division. The <br />form must be signed and notarized, and presented to the pre-hearing conference officer or the <br />Board. <br />III. In order to seek judicial review of an agency's decision resulting from a hearing, <br />you moat have been a party at the hearing. However, if you were a party at as agency <br />hearing and another party seeks judicial rev[ew of the agency's decision, the <br />Administrative Procedures Act requires that you be named as a defendant in that <br />litigation, ' <br />The State Administrative Procedures Act states that "[f]inal agency action under this or <br />any other law shall be subject to judicial review as provided in this section ...." C.R.S. § <br />24-4-106(2). "[A]ny person adversely affected or aggrieved by any agency action may <br />commence an action forjudicial review in the district court within thirty days after such <br />agency action becomes effective; but, if such agency action occurs in relation to any heazing <br />pursuant to section 24-4-105 [such as hearings before the MLRB], then the person must also <br />have been a party to such agency hearing." C.R.S. 24-4-106(4). In addition, in the event that <br />a party to a hearing commences a suit for judicial review of the agency's action resulting from <br />