Yes...and note the following two paragraphs contained in the Denver info.
"Pilots of departing aircraft requesting to use a runway or deviate from flight tracks other than in conformance with this Informal Runway Use Program for reasons of operational necessity are expected to advise DIA Ramp Control prior to pushback or upon initial contact. When able, DIA Ramp Control shall advise that the requested runway or flight track is a deviation from this Informal Runway Use Program."
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"The FAA ATCT will assign runways deemed to have the least noise impact. If, in the interest of safety, a runway different from that specified is preferred, the pilot is expected to advise ATC accordingly. ATC will honor requests and advise pilots when the requested runway is noise sensitive."
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All the Captain has to do is ask/advise.....simple.
Please note also, that I in no way am implying that they used the 'wrong' runway in this incident. That has not been brought out.