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warranty deprived Operator of its due process rights and subverted the intent of the Construction <br /> Materials Rules. Operator must be afforded an opportunity to disagree, and, if it does, to prepare <br /> expert testimony, and to request a hearing before the Board, which it does. On this ground alone, <br /> the Order should be reconsidered. See Spears Free Clinic & Hosp.for Poor Children v. State Bd. <br /> of Health, 220 P.2d 872, 876 (Colo. 1950) (holding the only matters an administrative board may <br /> consider are those included in the notice on which the hearing is based); see also C.R.S. § 24-4- <br /> 105(2)(a) ("Any person entitled to notice of a hearing shall be given timely notice of the time, <br /> place, and nature thereof, the legal authority and jurisdiction under which it is to be held, and the <br /> matters of fact and law to be asserted.") (emphasis added)); <br /> PETITION FOR DECLARATORY ORDER <br /> 56. Construction Materials Rule 2.5.governs a petition for declaratory order. <br /> 57. Fontanari is a person who is or may be directly or adversely affected by the Order <br /> dated September 26, 2019 by reason of its potential effect upon his decreed water rights for <br /> irrigation. Fontanari and/or Western Slope Flagstone and/or Western Slope Flagstone LLC <br /> appear to be the permittee(s) and Operator here. <br /> 58. Fontanari's address is as follows: <br /> Rudolph Fontanari <br /> 3316 E 3/ Road, Rt. 1 <br /> Clifton, CO 81520 <br /> The address of counsel for Fontanari is included at the bottom of this pleading. <br /> 59. Fontanari is the owner of decreed water rights, including rights for irrigation of <br /> lands within the permit area. <br /> 11 <br />