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• <br />Page 46 <br />Hard Rock/Metal Mining Rule 2 <br />(e) whether the Petitioner has some other adequate legal <br />remedy, other than an action for declaratory relief pursuant to Rule <br />57, Colorado Rules of Civil Procedure, which will terminate the <br />controversy or remove any uncertainty as to the applicability to the <br />Fetitioner of the statute, rule or other in question. <br />2.5.4 Procedure for Consideration <br />If the Board determines that it will rule on the petition the following <br />procedures shall apgly: <br />(a) The Board may, without further notice, rule upon the <br />petition based solely upon the facts presented in the petition. In <br />such a case, any ruling of the Board will apply only to the extent of <br />the facts presented in the petition and any amendment to the <br />petition. <br />(b) The Board may order the petitioner to file a written <br />brief, memorandum or statement of position. <br />(c) The Board may set the petition, upon due notice to <br />I~edtioner, for a non~videntiary hearing. <br />(d) The Board may request the petitioner to submit <br />additional facts, in writing. In such event, such additional facts will <br />be considered as an amendment to the petition. <br />(e) The Board may take administrative notice of facts <br />pursuant to the adm;n;~r:ve procedure act (Section 24-4-105(8), <br />C.R.S.) and may utilize its experience, technical competence and <br />sltecialized knowledge in the disposition of the petition. <br />(f) If the Board rules upon the petition without a hearing, <br />it shall within ten (10) working days notify the petitioner of its <br />dcxision by deposit in the mail. <br />(g) The Board may, in its discretion, set the petition for <br />hearing upon due notice to Petitioner, for the purpose of obtaining <br />additional facts or information or to determine the truth of any facts <br />set forth in the petition or to hear oral argument on the petition. <br />The notice to the Petitioner setting such hearing shall set forth, to <br />the extent known, the factual or other matters into which the Board <br />intends to inquire. For the purpose of such a hearing, to the extent <br />necessary, the Petitioner shall have the burden of proving all of the <br />facts stated in the petition, all of the facts necessary to show the <br />nature of the controversy or uncertainty and the s~^ser L: w W'c'.; 'tee <br />statute, rule or order in question applies or potentially applies to the <br />