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GENERAL46384
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GENERAL46384
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Entry Properties
Last modified
8/24/2016 8:19:28 PM
Creation date
11/23/2007 2:36:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Name
Boards Answer to Boyton et al v. MLRB
From
AGO
To
MLRB & DMG
Media Type
D
Archive
No
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recommendation to the Boazd. Construction Materials Rule 1.4.5(5). The Board then has one <br />hundred twenty days from the date the application was received to make a final decision. § 34- <br />32.5-115(2), C.R.S.4 <br />Prior to a hearing, the Board appoints a prehearing conference officer for the purpose of <br />meeting with the parties to prepaze a prehearing order. Construction Materials Rule 2.7.1.5 The <br />goal of the prehearing conference procedure is to prepare a proposed order that is designed to <br />assist in regulating the course of the Boazd's hearings. The contents of the proposed order are <br />prescribed by Construction Materials Rule 2.7.1(2). It is the officer's duty to prepare the <br />proposed order with the assistance of the parties. The order is not effective until the Board adopts <br />it at the formal adjudicatory hearing. Construction Materials Rule 2.7.2. If any party disagrees <br />with the proposed order, they must make their objections to the Board at the time the Board <br />considers whether to adopt the order. <br />The APA establishes the Boazd's authority to prepare a prehearing order to guide the <br />Boazd in the conduct of its hearings. The Boazd has the power to regulate the course of its <br />hearings. This includes the power to direct parties to appear and confer to consider the <br />simplification of the issues. It includes the power to issue appropriate orders that control the <br />subsequent course of the proceedings. § 24-4-105(4), C.R.S. The Boazd's prehearing order is <br />issued for this purpose. <br />° That deadline maybe extended by up to sixty days under certain circumstances. § 34-32.5- <br />115(2), C.R.S. <br />5 2 CCR 407-4. The Board's Construction Materials Rules have been amended since this <br />proceeding. Please refer to Appendix A for a copy of the rules that were effective at the <br />time. <br />7 <br />
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