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