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having an approved corrective action plan, and, the date for carrying out that corrective action <br /> plan. ("Compliance Date Modification Motion"); <br /> 3. On October 8. 2019, Fontanari filed a " Motion For Reconsideration of Board <br /> Order of August 21, 2019, Mailed on September 26, 2019; For Stay or Corrective Enforcement <br /> Actions; For Stay of Civil Penalties; For Stay of Bond Increase and For Declaratory Judgment; <br /> And Renewed Request to Re-Open the Hearing Record and For Hearing on Bond Increase". <br /> ("Motion for Reconsideration and Stay"or"Motion for Reconsideration"). <br /> ARGUMENT <br /> A. THE RIGHT OF A PARTY TO APPEAR THROUGH COUNSEL IS <br /> STATUTORY; THE OBLIGATION OF DRMS TO REASONABLY <br /> ACCOMMODATE THE RIGHT OF COUNSEL FOR A PARTY TO BE <br /> PRESENT IS ALSO STATUTORY,AND SUPPORTED BY CASELAW <br /> "There is a statutory right to counsel of a party's own choosing in administrative <br /> proceedings under the APA. In this regard, Section 24-4-105(9)(a)provides that <br /> any party in such proceedings"shall bt entitled to the benefit of legal counsel of <br /> his or her own choosing and at his or her own expense."Moreover, in scheduling <br /> hearings in APA proceedings, Section 24-4-105 (2)(a) ...provides that"due <br /> regard shall be had for the convenience and necessity of the parties and their <br /> representatives"(emphasis added). Erbe v Department of Revenue, Motor <br /> Vehicle Division, Hearing Section, 51 P.3d 1096, 1098 (Colo. App. 2002). <br /> Here,Attorney Beckwith three times informed Division,both attorney and the <br /> responsible environmental officer,that he could not be present for the hearing date of <br /> August 21, and,further requested a continuance.He also stated that Fontanari was <br /> interviewing substitute counse,neither of whom could be present on August 21. <br /> 2 <br />