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Page 49 <br />Construction Materials Rule 2 <br />(c) The Board may set the petition, upon due notice to <br />Petitioner, for anon-evidentiary hearing. <br />(d) The Board may request the petitioner to submit <br />additional facts, in writing. In such event, such additional facts wtll be <br />considered as an amendment to the petition. <br />(e) The Board may take administrative notice of facts <br />pursuant to the administrative procedure act (Section 24-4-105(8), <br />C.R.S.) and may utilize its experience, technical competence and <br />specialized 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 decision <br />by deposit in the mail. <br />(g) The Boazd 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 set <br />forth in the petition or to hear oral argument on the petition. The notice <br />to the Petitioner setting such hearing shall set forth, to the extent <br />known, the factual or other matters into which the Boazd intends to <br />inquire. For the purpose of such a hearing,.to the .extent necessary, the <br />Petitioner shall have the burden of proving all of the facts stated in the <br />petition, all of the facts necessary to show the nature of the controversy <br />or uncertainty and the manner in which the statute, rule or order in <br />question applies or potentially applies to the Petitioner and any other <br />facts the Petitioner desires the Boazd to consider. <br />2.5.5 Party Status and Petition to Intervene <br />-------------- --------- ----------- <br />(1) The Office shall be granted party status upon request. <br />(2) Any other person may seek leave of the Board to intervene in <br />such a proceeding, and leave to intervene will be granted at the sole discretion <br />of the Boazd based. upon the interest of the person and whether that interest is <br />entitled to legal protection under the Act and how that person is affected. or <br />aggrieved by the petition for Declaratory Order. <br />