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Page 3 If you do not submit a written statement requesting party status by the expiration of the five working-day period following the Informal Conference, you may pursue two other options: • You may petition the Division for part' status prior to aPre-hearing Conf-erence in accordance with Rule 2.7.1 (1)(b) of the Hard Rock Rules or Construction Materials Rules, and may be admitted as a party at the Pre-hearing Conference at the discretion of the Pre-hearing Conference Officer for good cause shown; or • You may petition the Boazd for parry status for limited purposes at the Board hearing en the matter in accordance with Rule 2.7.2(6) of the Hard Rock Rules or Construction Ivlaterials Rules, but again your admission as a party is at the discretion of the Board. V. Party status at a Board hearing entitles you to present evidence and call witnesses, as well as to cross-examine other parties' witnesses. As a party, you are entitled to be represented by an attorney, and you may also designate a proxy to attend a Pre-hearing Conference or Final Hearing on your behalf. Under the APA, a party to a matter heard by the Board "shall have the right to present his case or defense by oral and documentary evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts." C.R.S. § 24-4-10(7). Witnesses may be used by parties, and parties can also cross-examine witnesses presented by other parties. C.R.S. § 24-4-105(4). Parties may be represented by attorneys. "Any party, or the agent, servant, or employee of any party, permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear on [his or her] own behalf" C.R.S. § 24-4-105(9)(a). It is important to note, however, that a party who is represented by an attomey cannot have his or her attomey also testify as a witness. Id. Parties may also designate proxies.to attend pre-hearing conferences or Board hearings. If a parry is unable to attend a meeting and wishes to designate a proxy, the pary must fill out a proxy authorization form prepared by the Division. The form must be signed and notarized, and presented to the pre-hearing conference officer or the Board. VI. In order to seek court review of the Board's decision resulting from a hearing, you must have been a party to the matter. However, if you were a party to the matter and another party seeks court review of the Board's decision, the Administrative Procedures Act requires that you be named as a defendant in that litigation. The State Administrative Procedures Act states that "[f]inal agency action under this or any other law shall be subject to judicial review as provided in this section ...." C.R.S. § 24-4-106(2). "[A]ny person adversely affected or aaerieved by any agency action may commence an action forjudicial review in the district court within thirty days after such