2002-08-13_REVISION - M1977132 (2)

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Page 50 Construction Materials Rule (3) A petition to ute; <;ene shall set forth. a concise statement of the facts necessary to demonstrate the nature of its position, and the manner in which the statute; rule or o; der in question does or does not apply to the Petitioner. 2.5.6 Effect of a Declaratory Order Any declaratory order or other order disposing of a petition pursuant to this rule shaIl consti*.ute agency action subject to judicial re view pursuant to Section 2.6 PRE-I3EARLAi~:s PROCEDTJRES -MO'T'IONS, VVY'FNESS AND I.XITIBIT LISA'S (1) The provisions of this Rule 2.6 shall apply to the Applicant and any entity that has active party status, and any person who desires to become a pazty. Where a party to a hearing files motions or written requests related to a Boazd hearing, such motions or written requests shall be provided by the party to all other parties, and twelve (l2) copies of such motions or written requests shall be delivered to the Boazd, in Gaze of the Office, no less than fifteen (15) working days prior to the Formal Board Heazing. Such motions or written requests must clearly set out the file number, the subject on which the submitting party seeks Board action, and the grounds for ruling or deciding in favor of the parry that submits the motion or written request. All other parties to the heating may respond to the filing of a motion or written request, but such responses shall be made in writing, and shall be provided by the responding party to all other parties no less than five (5) working days prior to the Formal Board Hearing. In addition, the responding party shaIl deliver twelve (]2) copies of their response to the Boazd, in caze of the Office, no less than five (5) working days prior to the Formal Board Hearing. For good cause shown, and in consideration of any objections, the Boazd may entertain verbal responses to a motion or request at the Hearing. (2) If a party to a Formal Board Hearing intends to use witnesses or exhibits at the Formal Board Hearing, that party shall provide aIl other parties and the Office with information identifying all witnesses and exhibits in accordance with the following procedures: