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4. The Division filed a response to Operator's motions on November 4, <br /> 2019, addressing Operator's arguments and requesting that the Board strike <br /> Operator's requests and motions to reopen the record on the grounds that no valid <br /> legal claim had been made for doing so. <br /> 5. Operator also filed a"Response to Motion to Strike all Motions" on <br /> November 12, 2019. <br /> 6. The various motions were set for a consideration at the Board's <br /> November 13, 2019 meeting and included on the publicly-posted agenda for that <br /> meeting. <br /> 7. In accordance with the Colorado Open Meetings Law, section 24-6- <br /> 402(2)(c), C.R.S., the agenda for Board's November meeting was published in a news <br /> paper of general circulation in the Denver area on November 1, 2019, posted on the <br /> Division's website, and posted on a bulletin board at the Division. <br /> 8. The Division and Board did not send separate, individual notice to <br /> Operator. <br /> 9. At the November 13, 2019 Board meeting, the Board called the matter <br /> three separate times. First, when the matters were scheduled on the agenda as items <br /> six and seven, at or before 10:00 am. Second, at approximately 12:48 pm, and finally <br /> at 3:41 pm after all other matters on the agenda had been completed. Counsel for <br /> Operator was not present at any point during the November 13, 2019 meeting. <br /> 10. During the November 13, 2019 hearing, the Division requested that the <br /> Board rule on the motions before it solely on the written submissions and without <br /> oral argument pursuant to Rule 2.9.3 of the Mineral Rules and Regulations of the <br /> Colorado Mined Land Reclamation Board for the Extraction of Construction <br /> Materials (the "Rules"). Following deliberation, the Board voted to deny all pending <br /> motions. <br /> 11. On November 26, 2019, prior to a Board order from November 13, 2019 <br /> being issued, Operator filed a motion requesting that the Board stay its decision <br /> denying the motions, reschedule oral argument, and for clarification as to the motions <br /> heard at the Board's November 13, 2019 meeting, titled"Motion/Petition to Stay <br /> Board Decision of November 13, 2019 and to Re-Schedule Oral Argument for <br /> December Board Meeting Due to Unavailability of Counsel, Lack of Notice; Request <br /> for Clarification as to Motions Heard on November 13, 2019" (the November 26, 2019 <br /> Motion"). <br /> 12. Operator's November 26, 2019 Motion was set for consideration at the <br /> Board's December 11, 2019 meeting, and the Division sent Operator a letter <br /> informing him and his counsel that the motion would be considered at the Board's <br /> December 2019 meeting. <br /> Rudolph Fontanari <br /> M-1996-076 <br /> Violation No. MV-2019-023 2 <br />