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incorporates the basic principles of due process by requiring that: 1) the Division inspect for <br />possible violations (Rule 5.03.2); 2) make prosecutorial decisions as to whether a violation <br />exists; 3) issue a notice of violation to the operator informing them of the conduct alleged to be a <br />violation (Rule 5.03.2(2)(a)); 4) establish an abatement period (Rule 5.03.2(2)(b)); and 5) inform <br />the operator of its right to Board review, or appeal, of the alleged violation (Rule 5.03.5 and <br />§ 34 -33 -124). <br />Clearly, Plaintiffs theory that WFC's pre -2008 conduct, which was in compliance with <br />the terms of its Permit at that time, amounted to an automatic violation of the Act is inapposite to <br />the express language of the Act and Rules, and would in fact violate the due process and <br />procedural requirements of the Act and Rules. <br />2. Plaintiffs Failed to Raise this Legal Argument at the <br />Administrative Hearing and are, Therefore, Precluded From <br />Raising it for the First Time on Appeal. <br />Plaintiffs raise a specific legal argument that was not presented to the Board and, <br />therefore, Plaintiffs have waived their right to present the argument to this Court. Opening Brief, <br />pp. 20 -23. "Generally, allegations of error that are not timely raised during administrative <br />proceedings are deemed waived." Hargett v. Div. of Labor, 854 P.2d 1316, 1322 (Colo. App. <br />1992), overruled on other grounds, Colo. Comp. Ins. Auth. v. Nofio, 886 P.2d 714, 717 (Colo. <br />1994); see also People v. Salazar, 964 P.2d 502, 507 (Colo. 1998) ( "It is axiomatic that issues <br />not raised in or decided by a lower court will not be addressed for the first time on appeal. "). In <br />asking this Court to invalidate the Board's Order, Plaintiffs argue for the first time that the Board <br />was without authority to approve PR -6 because WFC was operating in violation of the Act. Id. <br />Setting aside the fact that WFC's conduct was consistent with both the Permit's terms and all <br />26 <br />