PERMFILE62425 - Laserfiche WebLink

Home Browse Search

• 1[I. ISSUES TO BE CONSIDERED Presentations to the Board shall be strictly limited to the issue of whether the pending application complies with [he requirements of the Colorado Mined Land Reclamation Act, Sections 34-32-101 e[ sec .., C.R.S. ("Hard Rock Act") and the rules and regulations promulgated by the Board. The parties shall limit presentations to the question of whether the permit should have been granted based on the issues stated below. In the matter of Perruit No. M-99-074, has the permit been properh~ issued in light of the disputed right-of-access to the property? IV. ISSUES NOT TO BE CONSIDERED No other issues were raised by the pmvies. V. WITNESSES AND EXHIBITS Pursuant to Rules 2.7.1(2)(d) and (e), the parties were directed by the Pre-hearing Conference Officer to exchange lists of witnesses and/or exhibits the parties intend to introduce at the final hearing on or before February 16, 2000. Any witness list must include [he name, address, and field of expertise of the witness. Witness and exhibit lists may be exchanged via facsimile transmission. The McLain parry expressly stated during the Pre-hearing Conference that any list transmitted to them should be addressed to their at[omey's FAX machine. The parties shall note that if no witness or exhibit lists were submitted by a patty at [he Pre-hearing Conference, that party may not introduce any exhibits or present any witnesses at the final hearing in this matter without express permission from [he Board. All documents, exhibits and photographs presented as evidence at [he Formal Public Hearing will become part of the administrative record. Upon request, a party may recover any evidence introduced by that party if no action for judicial review is commenced within thirty (30) days of the date of final agency action in this matter. VI. PROCEDURE The Division, parties and members of [he public shall make presentations in the following order. The time limits set out below are maximum limits and shall be strictly enforced. The Board, in its discretion, may allow additional time when warranted. The Board has the right to limit any redundant or irrelevant testimony. As noted below, all parries will be afforded an opportunity to conduct cross-examination of any witnesses that testified during the presentation. Board's Consideration and Adoption of the Pre-hearing Order: The Pre-hearing Conference Officer or the Board's attonrey shnl[ present this Pre-hearing Order to the Board for adoption. The Board will hear arty objections to the proposed Order at drat time, and will nrnke nnv necessary arnenrlnrervs prior to adopting the Order.