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Page 50 Construction Materials Rule (3) A petition to intervene shaIl set forth. a concise statement of the facts necessary to demonstrate the nature of itS position, and the manner in which the statute; rule or order in question does or does not apply fb the Petitioner. 2.5.6 Effect of a Declaratory Order Any declaratory order or other order disposing of a petition pursuant to this rule shaIl constitute agency action subject to judicial-review pursuant to Section 244106, C.RS. 2.6 PRE-HEARING PROCEDURES - MOTIONS,'VVITNF~,SS AND EXXIEIIBPT LISTS (1) The provisions of this Rule 2.6 shaIl apply to the Applicant and any entity that Bas active party status, and nay person who desires to become a party. Where a party to a hearing files motions or written requests related to a Board hearing, such motions or written requests shall be provided by the party to all othec parties, and twelve (12) copies of such motions or written requests shallbe_delivEred-to-the Boazd, in eaze of the Office, no less than fifteen (15) working days prior to the Formal Board Hearing. Such motions or written requests must clearly set out the file number, the subject on which the submitting party seeks Board action, and the grounds for ruling or deciding in favor of the party that submits the motion or written request. AIl other parties to the hearing may respond to the filing of a motion or written request, but such responses shaIl be made in writing, and shall be provided by the responding party to aIl other parties no less than five (5) working days prior to the Formal Board Hearing. In addition, the responding party shall deliver twelve (12) copies of their response to'the Boadd, in eaze of the Office, no less than five (5) working days prior to the Formal Board Hearmg. For good cause shown, and is consideration of any objections, the Board may entertain verbal responses to a motion or request at the Hearing. (2) If a party to a Formal Board Hearing intends to use witnesses or exhibits at the Formal Boazd Hearing, that party shaIl provide.ajl other parties and the Office with information identifying all witnesses and exhibits in accordance with the foIlowing procedures: