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21. The Board denies paragraph 21 of the Appeal. <br />22. Paragraph 22 of the Appeal does not require a response. To the <br />extent a response to paragraph 22 is necessary, however, the Board denies <br />the same. The Board states that the Colorado Surface Coal Mining <br />Reclamation Act, Article 33 of Title 34, C.R.S. ( "Act "), does not address <br />designation and production of the administrative record. In the absence of <br />specific direction in the Act, the Administrative Procedure Act ( "APA ") <br />governs.2 Under the APA, "[a]ny person initiating judicial review shall <br />designate the relevant parts of such record and advance the cost therefor." <br />§ 24 -4- 106(6), C.R.S. Plaintiffs have neither designated with particularity <br />those parts of the record of the Board proceeding Plaintiffs wish to be <br />assembled nor advanced costs for preparation of the record. <br />AFFIRMATIVE DEFENSES <br />A. Failure to state a claim upon which relief may be granted. <br />Dated this 5th day of April 2011. <br />Respectfully submitted, <br />JOHN W. SUTHERS <br />Attorney General <br />/s/ John J. Roberts <br />JOHN J. ROBERTS, 30124* <br />Assistant Attorney General <br />Agriculture/ Professional Unit <br />Business & Licensing Section <br />Attorney for Mined Land Reclamation Board <br />*Counsel of Record <br />2 The APA provides: "In order to assure a plain, simple, and prompt judicial remedy to persons <br />or parties adversely affected or aggrieved by agency actions, the provisions of this section shall <br />be applicable." §24 -4- 106(1), C.R.S. <br />0 <br />