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Page 48 <br />Construction Materials Rule <br />In determining whether to iule upon a petition filed pursuant to this Rule, the <br />Board will consider the following matters, among others: <br />(a) whether a ruling on the petition will terminate a <br />controversy.or remove uncertainties as to the applicability to Petitioner <br />of any statutory provision or rule or order of the Board. . <br />(b) whether the petition involves any subject, question or <br />issue which is the subject of a formal or informal matter or investigation <br />currently pending before the Board or a court involving one or more of <br />the Petitioners. <br />(c) whether the petition involves any subject, question or <br />issue which is the subject of a formal or informal matter'or investigation <br />currently pending before the Board or a court, but not involving any <br />Petitioner. <br />(d) whether the petition seeks a ruling on a moot or <br />hypothetical question or will result in an advisory ruling or opinion. <br />(e) whether the Petitioner has some adequate legal remedy, <br />other than an action for declazatory relief pursuant to, Rule 57, <br />Colorado Rules of Civil Procedure, which will terminate the <br />controversy or remove any uncertainty as to the applicability to the <br />Petitioner of the statute, rule or other in question. <br />2.5.4 Procedure for Consideration <br />ff the Boazd detemtines that it wiIl rule on the petition the following procedures <br />shall apply: <br />-. -. -. _--------___.__~~_ ~ --__ .._ ..-_ (~-_. ~$e ~d-may; ~vith~~iar•~ her natiee, rule npoathe <br />petition based solely upon the facts presented in the petition.'' In such <br />a case, any ruling of the Boazd will apply only to the extent of the facts <br />presented in the petition and any amendment to the petition. <br />(b) The Boazd may order the petitioner to file a written <br />brief, memorandum or statement of position. <br />