Except for Executive Sessions of the Board, all meetings shall be open to the public and any member of the public may, at the discretion of the Board, address the Board on any subject within the Board's jurisdiction. In the event the item is not on the agenda, no formal action may be taken by the Board until the full notice provisions in these Rules are met.
Except as otherwise provided by law or these Rules, Public Notice of regular meetings shall be provided by the Board as follows:
Public Notice of all other meetings shall be provided by the Board as prescribed in Rules 2.2.1 and/or 1.12.2 except upon a Board finding that an emergency condition exists, whereupon notice shall be provided as much in advance of the meeting as possible.
Additions or changes to the agenda after the 10-day notification may be made regarding emergency situations, informational items, and Special Permits as outlined in Rules 1.4.4 and 1.7.3 . In this event, the Board will endeavor to give notification, if possible, as outlined above, and will be required to notify any Operator or individual scheduled to be heard.
Any person who is or may be directly and adversely affected or aggrieved and whose interests are entitled to legal protection under the Act may petition the Board for declaratory order to terminate controversies or to remove uncertainties as to the applicability to the Petitioner of any statutory provision of or any rule or order of the Board made pursuant to the Colorado Land Reclamation Act For The Extraction Of Construction Materials (Section 34 32.5 101, C.R.S. et seq.).
In determining whether to rule upon a petition filed pursuant to this Rule, the Board will consider the following matters, among others:
If the Board determines that it will rule on the petition the following procedures shall apply:
Any declaratory order or other order disposing of a petition pursuant to this Rule shall constitute agency action subject to judicial review pursuant to Section 24 4 106, C.R.S.
The provisions of this Rule 2.6 shall apply to the Applicant and any entity that has party status.
Prior to the Formal Board Hearing on any matter, the Board may hold a Pre-hearing Conference in accordance with the following procedures:
At the Formal Board Hearing on a matter for which a Pre-hearing Conference was held, the Pre-hearing Conference Officer or a representative of the Pre-hearing Conference Officer shall present the proposed Pre-hearing Order to the Board for its consideration. The Board shall consider any objection to the proposed Pre-hearing Order submitted by a party, as well as any changed circumstances related to the Formal Board Hearing arising subsequent to the Pre-hearing Conference, and shall subsequently adopt, amend and adopt, or reject the proposed Pre-hearing Order. If the proposed Pre-hearing Order is rejected by the Board, the Chair of the Board shall direct the Formal Board Hearing on the matter.
Petitions for reconsideration must be received by the Office within twenty (20) calendar days of the effective date of the Board's written decision. The effective date of the Board's decision is the date the Board Order is signed, or such other date as may be stated in the Final Board Order.
The Board may grant or deny the petition based solely on the written submittal in support of the petition or written opposition thereto, or the Board may, in its discretion, grant the parties, as defined in Rules 1.1 and 1.7.1, an opportunity to present oral arguments. The Office staff shall act as staff to the Board, except on matters related to enforcement.
The petition shall be deemed denied unless it is granted, or the Board takes other action on the petition, within sixty (60) days of receipt of the petition.
The timely filing of a petition for reconsideration shall toll the time in which the Parties to the hearing may seek judicial review of the Board's decision.
2 CCR 407-4-2