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9. Legal right to enter and protection of existing structures, easements. (Michael Ptasnik; Patina <br /> Oil & Gas; HS Resources) <br /> 10. Legal right to enter with respect to future exploration and development of oil and gas leases <br /> (Michael Ptasnik; Patina Oil & Gas; HS Resources) <br /> IV. ISSUES NOT TO BE CONSIDERED <br /> All other issues raised by the parties that are not included in the list above will not be considered <br /> by the Board, either because the concern has been addressed or because the issue is outside the <br /> jurisdiction and authority of the Board under the Construction Materials Act. <br /> V. WITNESSES AND EXHIBITS <br /> Rules 2.7.1(2)(d) and (e)require that pre-hearing orders contain lists of all witnesses and exhibits <br /> that the parties will introduce at the hearing. The purpose of this rule is to ensure that parties are <br /> given an opportunity to prepare replies or rebuttals to the materials offered by other parties. If <br /> any parties to this;matter submitted lists under that rule,those lists are attached to this order. <br /> Any party that wishes to view another party's exhibits should contact that party or the parry's <br /> Attorney of Record. <br /> The parties shall note that if no witness or exhibit lists were submitted by a party at the Pre- <br /> hearing Conference,that party may not introduce any exhibits or present any witnesses at the <br /> final hearing in this matter without express permission from the Board. <br /> All documents exhibits and photographs presented, as evidence at the Formal Public Hearing <br /> will become part of the administrative record. Upon request, a party may recover any evidence <br /> introduced by that party, if no action for judicial review is commenced within thirty (30) days of <br /> the date agency action in this matter becomes effective. <br /> VI. PROCEDURE <br /> The Division,parties and members of the public shall make presentations in the following order. <br /> The time limits set out below are maximum limits and shall be strictly enforced. The Board, in <br /> its discretion, may allow additional time when warranted. The Board has the right to limit any <br /> redundant or irrelevant testimony. As noted below, all parties will be afforded an opportunity to <br /> conduct cross-examination of any witnesses that testified during the presentation. <br /> 1. Board's Consideration and Adoption of the Pre-hearing Order: <br /> The Pre-hearing Conference Officer shall present this Pre-hearing Order to the Board for <br /> adoption. The Board will hear any objections to the proposed Order at that time, and will <br /> make any necessary amendments prior to adopting the Order. <br /> 4 <br />