2002-08-13_REVISION - M1977132 (2)

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Page 52 Construction Materials Rule days r:ior to the Formal Board Hearing. Par'.ies aze not obligated to use any exhibit in a party's list, but parties may not, without express permission from the Board at the Formal Hearing, introduce an exhibit that was not listed in accordance with this Subpazagraph.. 2.7 PRE-I-TEARING CO1V'FER :NOES 2.7.1 Genera} Provisions (1) Pr: ~•r to the Fczrtial Board Hearing on any matter, t . aoard or Office raay hold :. Pre-heari::g Conference in accordance with tts following procedures: (a) "1'he Pre-hearing Conference will be held to descnbe the. Offrce's review process, to explain the rights and responsibilities of parties,.to discuss and resolve issues to the extent possible, to describe the Board Hearing processes, to determine the list of issues under the Boazd's jurisdiction and to simplify the list, and to determine who has demonstrated standing to be a party to the Formal Boazd Hearing. (b) The.Pre-hearing Conference shaIl be conducted by the Pre-hearing Conference Officer appointed by the Board or the Division Airector. However, decisions reached by the Pre-hearing Conference Officer are not final unttl adopted or approved by the Board at a Formal Board Hearing. Any party has the right to file a motion to the Board to review any decision of the Pre-hearing Conference Officer according to the provisions of Subparagraph 2.6 (1). In no instance shall the Pre- hearing ,Conference Officer.'s recommendations to the Boazd be considered final agency action for the purposes of judicial review under Section 24-4-106, C.R.S. (c} In the case.of aPre-hearing Conference held on the matter of a 112 Reclamation Permit application for which a party has submitted a written objection or petition for a hearing to the Office; the Pre-hearing Conference shall be held within thirty (30) days after the close of the public comment period provided for in Subparagraph 1.7.1(2)(a).