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I <br />Page 50 <br />Construction Materials Rule <br />(3) A petition to intervene shall set forth. a concise statement of the <br />facts necessary to demonstrate the nature of its position, and the manner in <br />which the statute; rule or order in question does or does not apply to the <br />Petitioner. <br />2.5.6 Effect of a Declaratory Order <br />Any declaratory order or other order disposing of a petition pursuant to this <br />rule shall constitute agency action subject to judicial review pursuant to Section <br />244-106, C.R.S. <br />2.6 PRE-BEARING PROCEDURES -MOTIONS, WITNESS AND EXEIIBTT <br />LISTS <br />(1) The provisions of this Rule 2.6 shall apply to the Applicant and <br />any entity that has active party status, and any person who desires to become <br />a party Where a parry to a heating files motions or written requests related to <br />a Board hearing, such motions or written requests shall be provided by the <br />party to all other parties, and twelve (l2) copies of such motions or written <br />requests shall be delivered to the Board, in care of the Office, no less than <br />fifteen (15) working days prior to the Formal Board Hearing. Such motions or <br />written requests must clearly set out the file number, the subject on which the <br />submitting party seeks Board action, and the grounds for ruling or deciding in <br />favor of the patty that submits the motion or written request. All other parties <br />to the hearing may respond to the filiag of a motion or written request, but such <br />responses shall be made in writing, and shall be provided by the responding <br />party to all other parties no less than five (5) working days prior to the Formal <br />Boazd Hearing. In addition, the responding party shall deliver twelve (12) <br />copies of their response to'the Boazd, in care of the Office, no less than five (5) <br />working days prior to the Formal Board Hearing. For good cause shown, and <br />in consideration of any objections, the Boazd may entertain verbal responses to <br />a motion or request at the Heating. <br />(2) If a pazty to a Formal Boazd Hearing intends to use witnesses <br />or exhibits at the Formal Boazd Hearing, that pariy shall provide,ajl other <br />parties and the Office with information identifying all witnesses and exhibits in <br />accordance with the following procedures; <br />