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2003-05-30_REVISION - M1999034
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2003-05-30_REVISION - M1999034
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Entry Properties
Last modified
6/15/2021 2:47:36 PM
Creation date
11/21/2007 1:26:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1999034
IBM Index Class Name
Revision
Doc Date
5/30/2003
Doc Name
Pre-Hearing Order
From
DMG
To
Parties
Type & Sequence
AM1
Media Type
D
Archive
No
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IV. ISSUES NOT TO BE CONSIDERED <br />All other issues raised by the parties that are not included in the list above will not be considered <br />by the Boazd, either because the concern has been addressed or because the issue is outside the <br />jurisdiction and authority of the Board under the Construction Materials Act. <br />V. WITNESSES AND EXffiBITS <br />Rule 2.6 requires that a list of all witnesses and exhibits that the parties will introduce at the <br />hearing be provided to each party no less than fifteen working days prior to the Formal Boazd <br />Hearing. The purpose of this rule is to ensure that parties aze given an opportunity to prepaze <br />replies or rebuttals to the materials offered by other parties. Any party that wishes to view <br />another party's exhibits should contact that party or the party's Attorney of Record. Witness and <br />exhibit lists shall be exchanged by June 9, 2003. <br />The parties shall note that if a witness and exhibit list was not provided to each party at least <br />fifteen working days prior to the Formal Board Heazing, that party may not introduce any <br />exhibits or present any witnesses at the fmal heazing in this matter without express permission <br />from the Board. <br />All documents, exhibits and photographs presented as evidence at the Formal Public Hearing will <br />become part of the administrative record. Upon request, a party may recover any evidence <br />introduced by that parry, if no action for judicial review is commenced within thirty (30) days of <br />the date agency action in this matter becomes effective. <br />VI. PROCEDURE <br />The Division, parties and members of the public shall make presentations in the following order. <br />The time limits set out below are maximum limits and shall be strictly enforced. The Boazd, in its <br />discretion, may allow additional time when warranted. The Boazd has the right to limit any <br />redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to <br />conduct cross-examination of any witnesses that testified during the presentation. <br />Board's Consideration and Adoption of the Pre-heazing Order: <br />The Pre-hearing Conference Officer shall present this Pre-hearing Order to the Board for <br />adoption. The Board will hear any objections to the proposed Order at that time, and will <br />make any necessary amendments prior to adopting the Order. <br />2. Division's Presentation and Recommendation: <br />The Division shall have 15 minutes in which to present an overview of the <br />application and their proposed decision. <br />3. Applicant's Presentation: <br />
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