2008-02-21_ENFORCEMENT - M1979181

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Page 20 Hard Roclc/Metal Mining Rule 1 (d) Such petitions for a hearing shall state how the petitioner is directly and adversely affected or aggrieved by the Office's decision, and how the petitioners interests are entitled to protection under the Act. The petitioners shall list and explain any issue the petitioner believes should be considered by the Board at the hearing on the matter. The petition for a hearing shall specify the application or file number assigned by the Office. (2) If no petition decision is made by the Board within sixty (60) days of the date the petition is submitted, the petition will be deemed denied. Such denial shall be considered final agency action for the purposes of the judicial review provisions of Section 24-4-106, C.R.S. (3) The Office shall give notice of any Formal Board Hearing to consider an appeal according to the provisions of Subparagraph 1.6.1(4). (4) The Office may determine whether to hold apre-hearing conference dependent upon the number of parties to the Formal Board Hearing and/or complexity of the issues, or the Board may so direct the Office as the Board sees fit. 1.4.12 Appeal of 112 and 112d Reclamation Permit Application Denial If the Office issues a decision to deny an application fora 112 or 112d Reclamation Permit, it shall schedule the application for a hearing before the Board unless the Applicant decides to withdraw the application. Such hearing shall be scheduled prior to the deadline for a final decision on the application pursuant to Section 34-32- 115(2), C.R.S., and Subparagraph 1.4.9(3) or 1.4.8(2) above, and shall be conducted in conformance with the provisions of Section 24-4-105, C.R.S. (a) W ithin ten (10) days of receipt of the letter of denial, the Applicant shall file a statement of issues to be considered by the Board at the hearing. The statement shall include an explanation of the grounds for seeking a reversal of the Office's decision. (b) If there are no other parties to the proceedings on the application the Applicant may waive the statutory deadline for a final decision. In that event, the Applicant shall file the statement of issues to be considered by the Board at the hearing within sixty (60) days of the receipt of the letter of denial.