2008-04-16_REVISION - M1988112 - Laserfiche WebLink

Home Browse Search

DIVISION OF RECLAMATION, MINING AND SAFETY April 15, 2008 PARTY VS. NON-PARTY STATUS Any person may become involved in the amendment review process as either a Party or a Non-Party. These are distinct legal classifications and there are different legal rights and responsibilities associated with each classification or status. Both are afforded the opportunity to be heard at the Formal Public Hearing before the Mined Land Reclamation Board, however, those with Party Status are afforded additional rights while also having the obligation to comply with additional administrative procedures. Party Status-Rights and Responsibilities: Acquiring Party Status-To participate as a Party a person must fall within the regulatory definition of a Party and file a timely objection or comment to the amendment application. "Party" means "a person that demonstrates that he/she is directly and adversely affected or aggrieved by the conduct of a mining operation, or an order of the Board and whose interest is entitled to legal protection under the Hard Rock Act." Must have submitted a timely letter of objection or comment in writing to the Division. 2. Procedural Rights as a Party- May present evidence and call witnesses at the Formal Board Hearing. May cross-examine, and provide rebuttal testimony to, other parties' witnesses. Has the right to file a motion for reconsideration, or the right to appeal the Mined Land Reclamation Board's decision. 3. Pre-Hearing Conference Responsibilities- • Must be present at the Pre-hearing Conference-non-attending parties forfeit his/her Party Status and all associated rights and privileges. • May be represented by an attorney or designate a proxy as a representative to appear on your behalf at the Pre-Hearing. • Must present a list of witnesses and exhibits at the Pre-Hearing. • Those with Party Status who wish to withdraw as a Party must do so in writing prior to the Formal Board Hearing, or in person at the Hearing.