2004-09-02_REVISION - M1977534 (2)

Home Browse Search

III. ISSUES Presentations to the Boazd shall be limited to the following issues. The parties shall limit presentations to the question of whether the pending application should be approved or denied, based on the issues stated below. 1. Has the Applicant provided an effective plan for stabilization and protection of the stockpiled material from wind erosion? (34-32.5-116(4)(j)) IV. WITNESSES AND EXHIBITS Pursuant to Construction Materials Rule 2.6(2), all parties must exchange witness and exhibits information as set forth below no later than 5:00 p.m. on September 3, 2004. Parties must make a list identifying all witnesses that each may call to testify during the hearing. Identify each witness by name, address, phone number, azea of expertise (if any) and subject{s) of proposed testimony. You aze not obligated to call every witness on your list. However, if you fail to identify a potential witness, that witness' testimony may be excluded on that basis. Parties must also make a list identifying all exhibits they intend to offer to the Boazd. If a party intends to introduce exhibits that are not already part of the agency record, that parry must identify such exhibits on the party's exhibits list and provide a copy of the exhibit to all other parties and the DMG. The only exception is for records that cannot be practically reproduced. If a party intends to offer an exhibit that is not part the agency record and cannot be practically reproduced, identify it as such on your exhibits list. hi that event, you must make it available for inspection if any party or the Division so requests. If a parry intends to offer exhibits that are ah•eady part of the Division's files on this matter, then the party must identify the exhibits on an exhibits list and state that each is already part of the DMG record. Identify all exhibits on your exhibits list with sufficient detail to enable other parties to fmd the exhibit. Use details such as title, specific description, date, author, and/or recipient. If you fail to identify an exhibit, the exhibit may be excluded from the record on that basis. All documents, exhibits and photographs admitted by the Boazd as evidence at the Formal Public Hearing will become part of the administrative record. Upon request, a parry may recover any evidence introduced by that party, if no action for judicial review is commenced within thirty (30) days ofthe date agency action in this matter becomes effective. VI. PROCEDURE The Division, parties and members of the public shall make presentations in the following order. The time limits set out below aze maximum limits and shall be strictly enforced. The Boazd, in its discretion, may allow additional time when warranted. The Boazd has the right to limit any redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to conduct cross-examination of any witnesses that testified during the presentation.