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May 20, 1999 Memorandum TO: Attendees of [vfeetings and Hearings rerzarding Mining Reclamation Permit ?vfatters FROM: Division of Minerals and Geoloey RE: Party Status in Ivfatters Before the Mined Land Reclamation Board The purpose of this memorandum is to inform people who are interested in the Board hearing process of the statutory and regulatory definitions and provisions that will apply to them should they decide to participate as parties in an agency heazing. I. In order to become a party to a matter before the Mined Land Reclamation Board, you must submit a written statement showing how you may be "affected or aggrieved" by the Board's decision, and outlining the issues or concerns you want the Board to consider at the !'ina! hearing. Your statement must be submitted prior to, during, or within five working days after the Informal Conference held by the Division staff. The State Administrative Procedures Act, C.R.S. §§ 24-4-101 to 108 ("APA") defines a party to inciude "any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding subject to the provisions of this article." C.R.S. § 24-4-102(11). A party to a matter that will be settled in an agency hearing is "[a] person who may be affected or aggrieved by agency action" who files a written request with the agency to become a party, such request °setting forth a brief and plain statement of the facts which entitle him to be admitted and the matters which he claims should be decided." C.R.S. § 24-4-105(2)(c}. See also Rules 1.4.6(2) and 2.7.1(1)(6} of the Hard Rock Rules or Construction ?Materials Rules. In order to become a party to a matter before the Ivfined Land Reclamation Board ("Board"), an interested person must submit a written statement of objection meeting the above requirements during the public comment period, at an Informal Conference, or within the five working-day period following the Informal Conference, as provided in Rule 1.4.6 of the Hard Rock Rules or Construction Materials Rules. ` "Aggrieved" is defined in the APA at C.R.S. § 24-4-102(3.0 [o mean "having suffered actual loss or injury or being exposed to potential foss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or consen•ational interests." The statutory definition applies only to rule-making, but the definition has been extended to agency adjudicatory proceedings by the Colorado Supreme Court. National Wildlife Federation v Cotter Coro 66~ P.2d X98, 603 (Colo. 1983).