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Page 50 <br /> Construction Materials Rule <br /> (3) A petition to intervene shall set forth.a concise statement of the <br /> facts necessary to demonstrate the nature of its position, and the manner in <br /> which the statute; rule or order in question does or does not apply to the <br /> Petitioner. <br /> 2.5.6 Effect of a Declaratory Order. <br /> Any declaratory order or other order disposing of a petition pursuant to this <br /> rule shall constitute agency action subject to judicial review pursuant to Section <br /> 24-4-106, C.R.S. <br /> .2.6 PRE-HEARING PROCEDURES -MOTIONS,WITNESS AND FJC HBTT <br /> LISTS <br /> (1) The provisions of this Rule 2.6 shall apply to the Applicant and <br /> any entity that has active party status, and any person who desires to become <br /> a party. Where a party to a hearing files motions or written requests related to <br /> a Board hearing, such motions or written requests shall be provided by the <br /> party to all other parties, and twelve (12) copies of such motions or written <br /> requests shall be delivered to the Board, in care of the Office, no less than <br /> fifteen(15) working days prior to the Formal Board Hearing. Such motions or <br /> written requests must clearly set out the file number, the subject on which the <br /> submitting party seeks Board action, and the grounds for ruling or deciding in <br /> favor of the party that submits the motion or written request. All other parties <br /> to the hearing may respond to the filing of a motion or written request, but such <br /> responses shall be made in writing, and shall be provided by the responding <br /> party to all other parties no less than five (5) working days prior to the Formal <br /> Board Hearing. In addition, the responding party shall deliver twelve (12) <br /> copies of their response to the Board, in care of the Office, no less than five (5) <br /> working days prior to the Formal Board Hearing. For good cause shown, and <br /> in consideration of any objections,the Board may entertain verbal responses to <br /> a motion or request at the Hearing. <br /> (2) If a party to a Formal Board Hearing intends to use witnesses <br /> or exhibits at the Formal Board Hearing, that party shall provide.all other <br /> parties and the Office with information identifying all witnesses and exhibits in <br /> accordance with the following procedures: <br />