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RIGHTS AND RESPONSIBILITIES OF A PARTY <br />A party to an application under review has certain rights and responsibilities not afforded a non- <br />party. For example, a party may present evidence at a hearing, call witnesses, and cross- <br />examine other parties' witnesses. A party also has the right to sue or be sued in district court on <br />matters surrounding an application's review and the Board's decision on the application. For a <br />complete list of a party's rights and responsibilities, please see Rules 1.4.9, 2.6, 2.7.3, 2.8, and <br />2.9. Also refer to the State Administrative Procedures Act, Title 24, Article 4, Sections 101, et. <br />seq., especially Sections 105 and 106. <br />Per Rule 2.7.3(3), if, for any reason, you want to withdraw as a party, you are requested to do <br />so in writing prior to the commencement of or on the record during the Formal Board Hearing on <br />the matter. A party withdraw form is attached to this document if you choose to withdraw an <br />objection to the application. <br />All parties are entitled to be represented by an attorney, or may designate a proxy, by way of a <br />written proxy authorization, to attend the Pre-hearing Conference on behalf of the party. The <br />proxy must be on the Board's authorized form and presented to the Pre-hearing Conference <br />Officer on or before the date of the Pre-hearing Conference. A copy of the proxy form is <br />attached to this document. <br />Any party who does not attend the Pre-hearing Conference forfeits his or her party status and all <br />associated rights and privileges. Please see Rule 2.7.3(4). The rule also describes how you <br />may preserve your party status if you are not able to attend the Pre-hearing Conference in <br />person. You must attend the Formal Board Hearing to preserve your party status and all your <br />associated rights and privileges (See Rule 2.8.1(1)). <br />The Board's decision to approve or deny an application is based on whether the application <br />minimally meets the technical and engineering requirements of the Act and Rules 3.1 and 6. <br />Therefore, to the extent possible, your comments and presentations to the Board should be <br />technically based. It is also helpful if you can provide the Board with possible solutions or <br />suggestions as to how the application may be conditioned to solve or mitigate your concerns. <br />However, any recommendations must be within the Board's jurisdiction. <br />In order to review the requirements of Rules 3.1 and 6, you may obtain a copy of the rules and <br />regulations from the Division for a small fee. They are also available on the Internet at <br />htto://www.mining.state.co. us/rulesandreos. htm. <br />Even if you choose not to be a party or to withdraw your party status, as a non-party you may <br />still address the Board on matters of concern during the public comment portion of the Formal <br />Board Hearing. However, in this case, you will not preserve or be entitled to the rights of a party <br />as detailed in Rules 1.4.9, 2.6, 2.7.3, 2.8, and 2.9. (/n the event a!I objecting parties withdraw <br />prior to the Formal Board Hearing, the Division is authorized to approve or deny the application. <br />No Formal Board Hearing is held. Therefore, in this instance, there is no opportunity for a party <br />to provide public comment at a Board hearing.) <br />6 <br />