Laserfiche WebLink
and appropriate." Even as to Mr. Means, Sheep Mountain has failed to identify the subject <br />matter of his proposed testimony. <br />2. Rule 2.6(2)(a) makes clear that a party "may not, without express permission from <br />the Board at the Formal Board Hearing, introduce testimony from a witness that was not listed in <br />accordance with the Rule." Here, such permission should be denied where Sheep Mountain had <br />full knowledge of this Board's rules for designating witnesses, and has chosen not to follow <br />them. See letter dated June 26, 2012, from G. Russell Means to Parties and Interested Persons <br />( "List [of witnesses] and exhibits must be exchanged between the parties at the Pre - Hearing <br />Conference in accordance with the requirements of Rule 2.6(2) "). Accordingly, Sheep Mountain <br />should be precluded from introducing testimony from any witness at the hearing in this matter. <br />Exclusion of Exhibits <br />3. This Board should limit the exhibits that Sheep Mountain may use at the August <br />9, 2012 hearing. Again, Sheep Mountain's Exhibit List does not come close to complying with <br />this Board's rules. <br />4. Rule 2.6(2) specifies that parties "shall provide a written list of all potential .. . <br />exhibits ...." To enable adequate hearing preparation, this list must include the information <br />identified in Rule 2.6(2). The required information is as follows for documents in the Division's <br />files: <br />For any materials that are already in the Office public files, .. . <br />each party shall provide all other parties and the Office with a list <br />of the materials to be used with sufficient specificity to describe <br />the exhibit, including but not limited to the specific title or <br />description of each exhibit, such as maps, reports, adequacy <br />responses, correspondence, agreements, data printouts, <br />photographs, and drawings. The list must also specify where the <br />other parties to the Formal Board Hearing and the Office may <br />review and obtain a copy of, or inspect, each exhibit. <br />Code Colo. Regs. 407 -1, Rule 2.6(2)(b)(ii)(emphasis added). <br />2 <br />