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Plaintiffs' argument is rooted in the premise that the Division's powers under CRS § 34- <br />33 -123 can only arise "following mine inspections." Response Brief at 8. This narrow view of <br />the statute is just wrong, and not shared by the Division or the Board. The Board's rules, <br />specifically 2 CCR 407 -2 Rule 5, expressly address investigations by the Division following a <br />citizen complaint, which is indisputably what the TDN notice was. Under the Rules of the <br />Colorado Coal Program, negative determinations following a citizen complaint are subject to <br />both informal and formal review process. 2 CCR 407 -2, Rule 5.02.5 specifically addresses <br />citizen complaints (and is entitled as such) and provides as follows: <br />Any person who has requested an inspection may request in writing that the <br />Administrator informally review the Division's decision either not to inspect or <br />not to take enforcement action on the basis of an inspection with respect to any <br />violation alleged by that person.... Informal review under 5.02.5(5) shall not affect <br />any right to formal review under 34 -33 -124 of the Act or to a citizen's suit under <br />34 -33 -135 of the Act. <br />Rule 5.02.5(5); See, Opening Brief Exhibit 7 at 2 — 3 (briefing this Rule to the Hearing Officer). <br />Notably, this Rule states that informal review does not affect the right to bring a citizen suit; but <br />the implication is that formal review (or lack thereof) might affect that right. The Rule <br />pertaining to formal review, 2 CCR 407 -2, Rule 5.03.5 contains no such language. <br />The language of CRS § 34 -33 -123 is consistent with this Board rule, and inconsistent <br />with plaintiffs' argument. The Division's enforcement powers may arise from "any inspection," <br />and are thus not limited to action following physical inspection of a mine. For example, under <br />CRS § 34 -33 -122, "inspection" can include inspection of records, and expressly triggers the <br />Division's powers under Section 123. See, CRS § 34 -33- 122(6). The Division's April 23, 2010 <br />determination was issued following such an inspection of records, as is documented therein. <br />Section 123 requires extensive notice of appeal rights only if the Division issues a "notice of <br />7 <br />