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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 Aeclaratory Order <br />Any declaratory order or other order disposing of a petition pursuant to this <br />rule shaIl constitute agency action subject to judicial review pursuant to Section <br />24-4-106, C.R.S. <br />2.6 PRE-HF•AR[NG PROCEDURES -MOTIONS, WITNESS AND EXHIBTT <br />LISTS <br />(1) The provisions of this Rule 2.fi 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 party to a hearing 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 (12) copies of such motions or written <br />requests shall be delivered to the Boazd, 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 fife number, the subject on which the <br />submitting party seeks Boazd action, and the grounds for ruling or deciding in <br />favor of the party that submits the motion or written request. All other parties <br />to the hearing may respond to the filing of a motion or written request, but such <br />responses shaIl be made in writing, and shall be provided by the responding <br />party to.aIl other parties no less than five (5) working days prior to the Formal <br />Board Hearing. ]n addition, the responding party shall deliver twelve (12) <br />copies of their response to'the Boazd, in caze of the Office, no less than five (5) <br />working days prior to the Formal Boazd Hearing. For good cause shown, and <br />in consideration of any objections, the Board may entertain verbal responses to <br />a motion or request at the Hearing. <br />(2) If a party to a Formal Board Hearing intends to use witnesses <br />or exhibits at the Formal Boazd Hearing, that party shaIl provide all other <br />parties and the Office with information identifying all witnesses and exhibits in <br />accordance with the following procedures: <br />