2001-10-02_PERMIT FILE - M2002004

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Page 52 Construction Materials Rule days prior to the Formal Board Hearing. Parties are not obligated to use any exhibit in a party's list, but parties may not, without express permission from the Board at the Formal Hearing, introduce an exhibit that was not listed in accordance with this Subparagraph.. 2.7 PRE-HEARING CONFERENCES 2.7.1 . General Provisions (1) Prior to the Formal Board Hearing on any matter, the Board or Office may hold a Pre-hearing Conference in accordance with the following procedures: (a) The Pre-hearing Conference will be held to describe the. Office's review,process, to explain the .rights and responsibilities of parties,to discuss and resolve issues to the extent possible, to describe the.Board Hearing processes, to determine the list of issues under the Board's jurisdiction and to simplify the list, and to determine who has demonstrated standing to be a party to the Formal Board Hearing. (b) The-Pre-hearing Conference shall be conducted by the Pre-hearing Conference Officer appointed by the Board or the Division Director. However, decisions reached by the Pre-hearing Conference Officer are not final until adopted or approved by the Board at a Formal Board Hearing. Any party has the right to file a motion to the Board to review any decision of the Pre-hearing Conference Officer according to the provisions of Subparagraph 2.6 (1). In no instance shall the Pre- hearing Conference Officer's recommendations to the Board be considered final agency action for the purposes of judicial review under Section 24-4-106, C.R.S. (c) In the case.of a Pre-hearing Conference held on the matter of a 112 Reclamation Permit application for which a party has submitted a written objection or petition for a hearing to the Office,-the Pre-hearing Conference shall be held within thirty (30) days after the close of the public comment period provided for in Subparagraph 1.7.1(2)(a).