Laserfiche WebLink
<br />If you do not su•t a written statement requesting part~tus by the expiration of the <br />five working-day period fallowing the Informal Conference, you may pursue rivo other <br />options: <br />• You may petition the Division for party status prior to aPre-hearing Conference in <br />accordance with Rule 2.7.1(1)(b) of the Hard Rock Rules or Construction Iviaterials <br />Rules, and maybe 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 hearin; entitles you to present evidence and call <br />witnesses, as well as to cross-eaamine other parties' witnesses. As a party, you are <br />entitled to be represented by an attorney, and you may also designate a proay 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 />,. <br />... o er parties. • .R.S: § 24-4-105(4). ~ - ~.. ~ . ~,; . ~: _...... <br />Parties may be represented by attorneys.` "Any"party; or the agent; servant, or " <br />employee of any parry, 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 />her attorney'also testify as a witness. ~Id." "" ~' •' - ° " `- <br />• .Parties may also designate proxies to attend pre-hearing conferences or Board <br />hearings. If a party 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 />- -,.~,:r... <br />VT. 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 for judicial review in the district court within thirty days after such <br />