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1.4.10 RESERVED <br />1.4.11 Administrative Appeal - of an Office Decision <br />(1) Any person who can demonstrate that he/she/it is directly and <br />adversely affected or aggrieved by an action of the Office, including a decision to <br />grant or deny a permit application, other than an application considered under the <br />Page 19 <br />Hard Rock/Metal Mining Rule 1 <br />provisions of Paragraph 1.4.9, and whose interests are entitled to legal protection <br />under the Act may petition for a hearing before the Boazd on such action within: <br />24-4-104(9) (a) sixty (60) days of the date of the Office decision if the Office <br />decision was a denial, witfiout a hearing, of an application for a permit or a <br />Notice of Intent; or <br />(b) thirty (30) day for an appeal of any other Office decision. <br />(c) Such hearings before the Boazd shall comply with this Rule and <br />Section 24-4-105, C.R.S. <br />(d) Such petitions for a heazing shall state how the petitioner is <br />directly and adversely affected or aggrieved by the Office's decision, and how <br />the petitioners interests aze entitled to protection under the Act. The <br />petitioners shall list and explain any issue the petitioner believes should be <br />considered by the Boazd at the hearing on the matter. The petition for a <br />hearing shall specify the application or file number assigned by the Offce. <br />(2) If no petition decisionis made by the Boazd within sixty (60) days of <br />the date the petition is submitted, the petition will be deemed denied. Such denial <br />shall be considered final agency action for the purposes of the judicial review <br />provisions of Section 24-4-106, C.R.S. <br />(3) The Office shall give notice of any Formal Board Heazing to consider <br />an appeal according to the provisions of Subpazagraph 1.6.1(4). <br />(4) The Office may determine whether to hold apre-heazing conference <br />dependent upon the number of parties to the Formal Boazd Hearing and/or complexity <br />of the issues, or the Board may so direct the Office as the Boazd sees fit. <br />1.4.12 Appeal of 112 and 112d Reclamation Permit Application Denial <br />If the Office issues a decision to deny an application fora 112 or 112d Reclamation <br />Permit, it shall schedule the application for a heazing before the Boazd unless the <br />Applicant decides to withdraw the application. Such hearing shall be scheduled prior <br />to the deadline for a final.decision on the application pursuant to Section 34-32- <br />115(2), C.R.S., and Subparagraph 1.4.9(3) or 1.4.8(2) above, and shall be conducted <br />in conformance with the provisions of Section 24-4-105, C.R.S. <br />