FLOOD09598

• County: Huerfano
• Community: Huerfano County
• Stream Name: Arkansas River and Tributaries
• Basin: Arkansas
• Title: Huerfano County Regulations for Areas and Activities of State Interest
• Date: 6/1/1976
• Prepared For: Huerfano County
• Prepared By: Andrew Nigrini
• Floodplain - Doc Type: Miscellaneous

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(9) (a) If the permit authority determines that a
financial guarantee should be forfeited be-
cause of any violation of the permit or any
applicable regulations adopted by this govern-
ing body, it shall provide written notice to
the surety and to the permittee that the fin-
ancial guarantee will be forfeited unless the
permittee makes written demand to the permit
authority within thirty (30) days after per-
mittee's receipt of notice, requesting a
hearing before the permit authority. If no
demand is made by the permittee within said
period, then the permit authority shall order
the financial guarantee forfeited.

(b) The permit authority shall hold a hearing
within thirty (30) days after the receipt of
the demand by the permittee. At the hearing,
the permittee may present for the considera-
tion of the permit authority statements, docu-
ments, and other information with respect to
the alleged violation. At the conclusion of
the hearing, the permit authority shall either
withdraw the notice of violation or enter an
order forfeiting the financial guarantee.

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(c) The cash deposit described in subsection (5),
above, may be used by the permit authority of
this jurisdiction in the event of the default
or alleged default of the permit holder only
for the purposes of recovering on the surety
or fulfilling the permit obligations of the
permit holder. In the event that the ultimate
reviewing court determines that there has been
no default by the permit holder, that portion
of any moneys expended by this jurisdiction
from the escrow funds relating to such default
shall be replaced in the escrow account by the
governing body immediately following such de-
termination. This jurisdiction may arrange
with a lending institution, which provides money
for the permit holder, that said institution
may hold in escrow any funds required for said
cash deposit. Funds shall be disbursed out of
escrow by the institution to this jurisdiction
for the purposes specified in this section.

(10) If the forfeiture results in inadequate revenues to
cover the costs of accomplishing the purposes of the
financial guarantee, this jurisdiction's attorney
shall take such steps as he deems proper to recover

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