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<br />Page 3 <br />the hearing, "[e]very party to [that] agency action ...not appearing as a plaintiff in such <br />action forjudicial review shall be made a defendant ...." jd <br />IV. If you are a party to a matter before the MLRB and you wish to withdraw, you <br />must do so in writing prior to the hearing on the matter. <br />If you have listed yourself as a party to a matter before the Board and you wish to <br />withdraw from party status, you must do so in a written request to the Mined Land <br />Reclamation Boazd, care of the Division of Minerals and Geology, prior to or at the $oard <br />hearing on the matter. If you withdraw at the Board hearing, you must accomplish your <br />withdrawal prior to acting as a party at the hearing. <br />V. Board hearings are open meetings at which you may speak on any matter as a <br />member of the public, even if yon are not a party to the matter. <br />If you do not feel your interests in a matter before the Board are strong enough for you <br />to accept the benefits and risks of party status, you may stilt paRicipate in the process by <br />submitting comments as a non-party during the Informal Conference phase, by being called as <br />a witness for a party at the hearing, or by appearing at the hearing as an interested member of <br />the public to submit an oral or written comment on the matter. The time allotted to you by the <br />Board maybe less than the time allotted to a party in the matter on which you aze speaking, <br />but your comments will still be considered. <br />VI. Make an informed choice as to whether you want to be a party to a matter before <br />the Board. <br />Party status in a matter before the Board has benefits and detriments. A parry may <br />present evidence, produce witnesses, cross-examine witnesses, and be represented by counsel. <br />A parry may also, if aggrieved by the Board's decision, file suit for judicial review of the <br />decision. It is very important to note, however, that every party to a matter before the Board <br />will automatically be named as a defendant in a suit for judicial review of the Board's <br />decision in the event that another party initiates litigation. This is not a policy designed to <br />discourage interested entities from participating as parties, rather it is a mandate under the <br />Administrative Procedures Act that applies whether you are a supporter or an objector. <br />Remember that if you decide not to become a party, you will still be able to state your <br />concerns to the Board as an interested member of the public. <br />