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no opportunity to make use of the numerous safeguards and procedures that are <br />otherwise guaranteed by the Colorado Coal Program when an operator is alleged to <br />have committed a violation. <br />The statutory procedure pertaining to alleged violations is governed <br />primarily by C.R.S. § 34 -33 -123. Under that statute, DRMS first investigates a <br />potential violation and, if it finds grounds, issues a Notice of Violation. Id. §§ <br />123(l) and (2). The operator is entitled to specific written notice of the alleged <br />violation and its potential consequences. Id. § 123(4). The operator is then <br />entitled to request a settlement conference with DRMS. Id. § 123(8)(b). The <br />operator is also entitled to an appeal to the Board of both the fact of the alleged <br />violation and the amount of any penalty. Id. § 123(8)(f); see also C.R.S. § 34 -33- <br />124(1)(a). <br />Plaintiffs would have the Board disregard this procedure and simply require <br />Western Fuels- Colorado to defend against allegations of prior violations under the <br />guise of a permit approval proceeding, entirely dispensing with the operator's <br />rights and protections guaranteed under the statutory provisions. Nothing in the <br />statute provides the Board with any such authority. Rather, the only procedure by <br />which the Board may review alleged violations is after DRMS has either issued a <br />100 145923 2 ; 20 <br />