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Page 3 <br />•' If you do not submit a written statement requesting pasty s'fatus by the expiration of the <br />• .five working-day period following the Informal Conference, you may pursue two other <br />options: <br />You may petition the Division for party status prior to a Pre-heazing Conference in <br />accordance with Rule 2.7.1(1)(b) of the Hard Rock Rules or Construction Materials <br />Rules, and may be admitted as a party at the Pre-hearing Conference at the discretion of <br />the Pre-hearing Conference Officer for good cause shown; or <br />You may petition the Board for party status for limited purposes at the Board hearing on <br />the matter in accordance with Rule 2.7.2(b) of the Hard Rock Rules or Construction <br />Materials Rules, but again your admission as a party is at the discretion of the Board. <br />V. 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 prosy 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-examination <br />as may be required for a full and true disclosure of the facts." C.R.S. § 24-4-105(7). <br />Witnesses may be used by parties, and parties can also cross-examine witnesses presented by <br />_ .other parties. • .R.S: § 24-4-105(4). c ~:. ~ ~ -. ~: <br />.. <br />Parties may be represented by attorneys. ` "Any parly; or the agent; servant, or <br />employee of any party, permitted or compelled to testify or to submit data or evidence shall be <br />-~ 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 />.. .,.~ <br />her attorney also testify as a vastness. Id. ~ ~- - - <br />Parties may also designate proxies to attend pre-hearing conferences or Board <br />hearings. If a parry is unable to attend a meeting and wishes to designate a proxy, the party <br />-must fill out a proxy authorization form prepared by the Division. The form must be signed <br />and notarized, and presented to the pre-hearing conference officer or the Board. <br />VI. In order to seek court review of the Board's decision resulting from a hearing, <br />you must have been a party to the matter. However, if you were a party to the matter <br />and another party seeks court review of the Board's decision, the Administrative <br />Procedures Act requires that you be named as a defendant in that litigation. <br />The State Administrative Procedures Act states that "[f]inal agency action under this or <br />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 forjudicial review in the district court within thirty days after such <br />