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13. At the December 11, 2019 Board meeting, Operator, through counsel, <br /> claimed that because they did not receive direct notice of the November 13, 2019 <br /> hearing,they did not appear at the hearing. Operator acknowledged that whether <br /> oral argument on motions is held is solely at the Board's discretion but requested the <br /> opportunity to present oral argument in a future hearing. Much of Operator's <br /> presentation during the December 2019 hearing focused on the underlying merits of <br /> the September 19, 2019 Motion and October 8, 2019 Motion as well as the November <br /> 26, 2019 Motion. <br /> 14. The Division, through counsel, pointed to discrepancies between <br /> Operator's representations in motions and the December 11, 2019 hearing and what <br /> had occurred during the August 21, 2019 hearing, addressing much of the substance <br /> of Operator's arguments in support of the September 19, 2019 and October 8, 2019 <br /> motions. <br /> CONCLUSIONS OF LAW <br /> 15. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act for the Extraction of Construction Materials,Article <br /> 32.5 of Title 34, C.R.S. (2019). <br /> 16. The Board may grant or deny a petition "based solely on the written <br /> submittal[s] in support of the petition or written in opposition thereto, or the Board <br /> may, in its discretion, grant the parties ... an opportunity to present oral <br /> argument." Rule 2.9.3. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby GRANTS Operator's request for reconsideration of the Board's November 13, <br /> 2019 decision to deny all motions. Accordingly, the Board will reconsider Operator's <br /> September 19, 2019 Motion and October 8, 2019 Motion and all responsive pleadings, <br /> including the Division's November 4, 2019 response to Operator's motions, at the <br /> January 2020 Board meeting. The Board DENIES Operator's request for additional <br /> oral argument. <br /> DONE AND ORDERED this 22nd day of January 2020. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> 11/ 9 <br /> J Singletary, Chir / <br /> Rudolph Fontanari <br /> M-1996.076 <br /> Violation No. MV-2019-023 3 <br />