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Page 4 <br />agency action becomes ~ctive; but, if such agency action occ~n relation to any hearing <br />pursuant to section 24-4-105 [such as hearings before the Board], 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 />the hearing, "[e]very parry to (that] agency action ...not appearing as a plaintiff in such <br />action forjudicial review shall be made a defendant ...." Id. <br />VII. If you are a party to a matter before the Board 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 may do so in a written request to the Mined Land <br />Reclamation Board, care of the Division of Minerals and Geology, prior to or at the Board <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 />VIII. Board hearings are open meetings at which you may speak on any matter as a <br />member of the public, even if you 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 still participate in the process by being <br />called as a witness for a party at the hearing or by appearing at the hearing as an interested <br />member of the public to submit oral or written comments on the matter. The time allotted to <br />you by the Board may be less than the time allotted to a party in the matter on which you are <br />speaking, but your comments will still be considered. <br />IX. Make an informed choice as to whether }'ou 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 party may <br />present evidence, produce witnesses, cross-examine witnesses, and be represented by counsel. <br />Aparty 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 parry to a matter before the Board <br />will be named as a defendant in a suit for judicial review of the Board's decision in the event <br />that another party initiates litigation. This is not a policy designed to discourage interested <br />entities from participating as parties, rather it is a mandate under the APA. Remember that if <br />you decide not to become a pam~, you will still be able to state your concerns to the Board as <br />an interested member of the public. <br />