2006-11-07_REVISION - M1983102 (2)

Home Browse Search

RIGHTS AND RESPONSIBILITIES OF A PARTY A party to an application under review has certain rights and responsibilities not afforded a non- party. For example, a party may present evidence at a hearing, call witnesses, and cross- examine other parties' witnesses. A party also has the right to sue or be sued in district court on matters surrounding an application's review and the Board's decision on the application. For a complete list of a party's rights and responsibilities, please see Rules 1.4.9, 2.6, 2.7.3, 2.8, and 2.9. Also refer to the State Administrative Procedures Act, Title 24, Article 4, Sections 101, et. seq., especialty Sections 105 and 106. Per Rule 2.7.3(3), if, for any reason, you want to withdraw as a party, you are requested to do so in writing prior to the commencement of or on the record during the Formal Board Hearing on the matter. A party withdraw form is attached to this document if you choose to withdraw an objection to the application. All parties are entitled to be represented by an attorney, or may designate a proxy, by way of a written proxy authorization, to attend the Pre-hearing Conference on behalf of the party. The proxy must be on the Board's authorized form and presented to the Pre-hearing Conference Officer on or before the date of the Pre-hearing Conference. A copy of the proxy form is attached to this document. Any party who does not attend the Pre-hearing Conference foAeits his or her party status and all associated rights and privileges. Please see Rule 2.7.3(4}. The rule also describes how you may preserve your party status if you are not able to attend the Pre-hearing Conference in person. You must attend the Formal Board Hearing to preserve your party status and all your associated rights and privileges (See Rule 2.8.1(1)). The Board's decision to approve or deny an application is based on whether the application minimally meets the technical and engineering requirements of the Act and Rules 3.1 and 6. Therefore, to the extent possible, your comments and presentations to the Board should be technically based. It is also helpful if you can provide the Board with possible solutions or suggestions as to how the application may be conditioned to solve or mitigate your concerns. However, any recommendations must be within the Board's jurisdiction. In order to review the requirements of Rules 3.1 and 6, you may obtain a copy of the rules and regulations from the Division for a small fee. They are also available on the Internet at htto;//www.mining. state.co. uslrulesandregs. htm. Even if you choose not to be a party or to withdraw your party status, as a non-party you may still address the Board on matters of concern during the public comment portion of the Formal Board Hearing. However, in this case, you will not preserve or be entitled to the rights of a party as detailed in Rules 1.4.9, 2.6, 2.7.3, 2.8, and 2.9. (In fhe event all objecting parties withdraw prior to the Formal Board Hearing, the Division is authorized to approve or deny the application. No Formal Board Hearing is held. Therefore, in this instance, them is no opportunity for a party to provide public comment at a Boartf hearing.] 6