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<br />Page 54 <br />Construction Materials Rule <br />~,~itnesses; a=.d cross-exam+.: ~ :1ter parties' witnesses. Apar:v must fo~tow the <br />provisions of Rule 2.6 a:,d any conditions irnposed by the Pre-hearing <br />Conference Officer and af,F~oved by the Board. A party is. entitled to be <br />represented by an attorney, or n:ay designate a proxy, byway of a written proxy <br />authorization, to attend the Pre-hearing Conference or the Formal Board <br />Hearing on behalf of the pa-~~. The proxy authorization must be on a form <br />approved by the Board and _: r seated to the Pre-hea_•ing Conference Officer a <br />the Board on or b~fere the date of the Board Hearing. <br />(2) In order for a person to seek judicial review of the Boazd's <br />decision; a person gut have been a party to the Formal Boazd Hearing that <br />considered >ne =~~~s. However, aL ~aities to the Formal Board Hearing on a <br />rsatter that dc, apt r`t0. for judicial review are required by Section 24-4-106, <br />C.R.S., to be named as defendants in any judicial re~riew action. <br />(3) Any person that is a party to a matter before the Boazd that <br />wishes to withdraw as a party must do so in writing prior to the commencement <br />of the Formal Board Hearing on the matter. . <br />(4) Any party that does not attend the Pre-hearing Conference <br />forfeits their party status and all associated rights and privileges, unless such <br />party provides a fully. executed proxy authorization form to the Pre-hearing <br />Conference Officer and the parties' authorized representative is present. <br />However, a pazry may attend the Pre-hearing Conference via telephone if such <br />a request is made to the Pre-hearing Conference Officer, or a representative, at <br />least five (5) working days prior to the scheduled Pre-hearing Conference date, <br />and facilities at the site of the Pre-hearing Conference allow for a conference , <br />call. <br />(5) If all parties to a 112 Reclamation Permit application that is to <br />be considered at a Formal Boazd Hearing withdraw, the Board directs the <br />Office to act on behalf of the Board and to timely approve or deny the <br />application, unless the Office determines that a Formal Board Hearing should <br />be held. <br />2.8 HEARINGS <br />2.8.1 General Provisions -Board Hearings <br />