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Note: The Division of Reclamation, Mining and Safety ("Division") shall not be a party, but <br />shall participate in the hearing as staff to the Board. <br />III. ISSUES <br />Presentations to the Board shall be limited to the following issues. The parties shall limit <br />presentations to the question of whether the pending application should be approved or denied, <br />based on the issues stated below. <br />L. Has the applicant adequately addressed adverse affects to the stability of State Highway <br />392 located within 200 feet of the affected land? (Rule 6.4.19) <br />IV. WITNESSES AND EXHIBITS <br />Pursuant to Construction Materials Rule 2.6(2), all parties must exchange witness and exhibits at <br />the Pre-hearing conference. The attached witness and exhibit lists were submitted by the <br />applicant and the objector. <br />All documents, exhibits and photographs admitted by the Board as evidence at the Formal Public <br />Hearing will become part of the administrative record. Upon request, a party may recover any <br />evidence introduced by that party, if no action for judicial review is commenced within thirty <br />(30) days of the date agency action in this matter becomes effective. <br />V. 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 its <br />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 Draft Pre-hearing Order to the <br />Board for adoption. The Board will hear any objections to the proposed Order at that <br />time, and will make any necessary amendments prior to adopting the Order. <br />2. Division's Introduction: <br />The Division shall have 5 minutes in which to present an overview of the application. <br />3. Applicant's Presentation: <br />The Applicant shall have 10 minutes in which to make a presentation to the Board. <br />Witnesses may be cross-examined following their testimony. <br />2