A petition must be filed within the time limitations stated in D.R.M.C. § 5-17(a). A petition filed electronically or by facsimile must be received in its entirety in the CEO’s office by 11:59 p.m. Mountain Time on or before the last day to file the petition as provided for in D.R.M.C. § 5-17. The burden is on the petitioner to show that the petition was timely received by the CEO. The CEO is not responsible for any electronic, mechanical, or telephone malfunctions of any kind that may delay or prevent the transmittal of an e-mail or fax, or the transmittal of a confirmation notice. Petitioners are therefore encouraged to mail a copy of the petition within the time limit.
Petitions may not be made orally. A petition must be presented to the CEO in a legibly written document containing the following information:
- The type of claim or legal theory of the claim
- The project name and/or number of any contract, permit or similar document related to the claim or dispute
- The factual basis of the claim or dispute
- The date(s) the claim occurred or during which the events at issue occurred
- The reasons petitioner believes the action or determination underlying the claim or dispute is objectionable, incorrect or illegal
- The standing of the petitioner to make the claim or petitioner’s involvement in the dispute
- The petitioner’s name, address, phone number and e-mail, at which he or she may be contacted and to which notices and orders required by these rules may be sent
- The name, address, phone number and e-mail of the legal representative of the petitioner, if any
- The signature of the petitioner or, if the petitioner is a corporate entity, the signature of its corporate agent
If the petitioner is unable to state some portion of the information required above, the petition must state the reason the information could not be provided.
