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2019-12-02_ENFORCEMENT - M1996076
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2019-12-02_ENFORCEMENT - M1996076
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Last modified
12/27/2024 3:20:10 PM
Creation date
12/4/2019 9:24:21 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1996076
IBM Index Class Name
Enforcement
Doc Date
12/2/2019
Doc Name
Motion/Petition to Stay Board Decision
From
Rudy Fontanari / John R. Henderson
To
DRMS
Email Name
CMM
THM
Media Type
D
Archive
No
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Pursuant to Rule 2.5.4 (g), such a petition may be set for hearing `upon due notice to <br /> Petitioner". Further, "The notice to the Petitioner setting such hearing shall set forth, to <br /> the extent known,the factual or other matters into which the Board intends to inquire". <br /> No such Notice was received either by Fontanari or counsel. <br /> 10.To ignore the specific requirements for Notice, and, to fail to give Fontanari and counsel <br /> reasonable notice would deprive Fontanari of his due process rights guaranteed by both <br /> the US and Colorado Constitutions. <br /> 11.Request for Clarification <br /> a.) Fontanari requests clarification from the Board as to which Motions and Petitions <br /> were heard by the Board on November 13, 2019 so that any applicable periods for <br /> appeal, if necessary,can be accurately determined. <br /> b.) Fontanari specifically requests clarification as to whether his Petition to Re-Open <br /> (and for other relief) filed on September 19, 2019 (7 days prior to the August 21, <br /> 2019 Order becoming final with mailing on September 26, 2019), was heard or <br /> considered on November 13, 2019, or whether no action was taken and the Motion <br /> deemed denied 60 days after September 19. A transcript of the hearing has been <br /> ordered,but is not yet available. <br /> c.) Fontanari believes that these matters can be clarified at the December Board meeting <br /> without impacting the filing of timely appeals, if necessary. <br /> WHEREFORE,Fontanari seeks the following relief. <br /> a. For a stay of the Board's decisions taken regarding certain Fontanari motions <br /> on November 13, 2019 pending consideration of oral arguments by Fontanari <br /> and DRMS; <br /> 4 <br />
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