2019-10-11_ENFORCEMENT - M1996076 (4)

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complicated and detailed factual and legal argument, and over 300 pages of documents in two Division submittals to the Board. 9. In light of the Division's opposition to the request for a continuance, Mr. Fontanari appeared for himself. He an elderly gentleman in his late seventies, a high school graduate, and worked as a coal miner for sixty years. His son-in-law Trevor Grosse, a computer specialist, accompanied Mr. Fontanari to the hearing. Stated differently, Messrs. Fontanari and Grosse are not lawyers, nor are they sophisticated in matters of agency board actions, procedures rules of evidence, or legal argument Fontanari's presence was compelled by the July 12 Reason to Believe Letter and the Construction Materials Rules. Compelled to appear, while aware of his own limits, Fontanari requested representation by counsel prior to the hearing, at the hearing, and now, as the basis for this motion for reconsideration. In that request, he has never waivered. 10. As a result, and due to lack of knowledge, expertise, and experience in legal proceedings, Fontanari was deprived of the right to effectively present oral and documentary evidence, to make objections, to conduct cross examination of State witnesses, and to challenge documentary evidence and exhibits. 11. The Colorado Land Reclamation Act for the Extraction of Construction Materials ("Act") must be applied consistent with Colorado's APA. Due process requires the assistance of counsel in complicated and weighty proceedings, especially where retained counsel could not be present, and, a continuance was requested for new counsel to be retained and to appear, all made clear to Division's counsel. C. NEW OR RELEVANT FACTS THAT WERE NOT KNOWN OR ALLOWED TO BE PRESENTED AT THE HEARING. 12. Fontanari believes that multiple key facts were either not known, or, allowed to be presented at the hearing, in major part due to the lack of legal representation to conduct 4