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<br />Page 2 • • <br />Hard Rock Rules or Construction Materials Rules. If a person has no[ requested party status <br />by the expiration of the five day period following the Informal Conference, that person has <br />two other options: 1) he or she may petition the DMG for party status prior to apre-hearing <br />conference in accordance with Rule 2.7.1(1)(6) of the Hard Rock Rules or Construction <br />Materials Rules, and may be admitted as a party at the pre-hearing conference at the <br />discretion of the pre-hearing conference officer for good cause shown; or 2) he or she may <br />petition the Board for party status for limited purposes at the Board hearing on the matter in <br />accordance with Rule 2.7.2(6) of the Hard 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 as to cross-examine other parties' witnesses. As a party, you are <br />entitled to be represented by an attorney, and you may also designate a proxy to attend <br />a Pre-Hearing Conference or Final Hearing on your behalf. <br />Under the APA, a party to a matter heard by the Board "shall have the right to present <br />his case or defense by oral and documentary evidence, and to conduct such cross- <br />examination as may be required for a full and true disclosure of the facts." C.R.S. § 24-4- <br />105(7). Witnesses may be used by parties, and parties can also cross-examine witnesses <br />presented by other parties. C.R.S. § 24-4-105(4). "Any party, or the agent, servant, or <br />employee of any party, permitted or compelled to testify or to submit data or evidence shall <br />be entitled to the benefit of legal counsel of his or her own choosing and at his or her own <br />expense, but a person may appear on [his or her] own behalf." C.R.S. § 24-4-105(9)(a). It is <br />important to note, however, that a party who is represented by an attorney cannot have his or <br />her attorney 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 prepared by the Division. <br />The form must be signed and notarized, and presented to the pre-hearing conference officer <br />or the Board. <br />III. In order to seek judicial review of an agency's decision resulting from a hearing, <br />you must have been a party at the hearing. However, if you were a party at an agency <br />hearing and another party seeks judicial review 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 <br />or 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 for judicial 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 hearing <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 <br />