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8. On September 19, 2019, Fontanari filed a Motion to Re-Open, seeking re-opening <br /> of the hearing record for presentation of Fontanari"s case. <br /> . On September 26,2019,the MLRB's order from the August 21,2019 hearing was <br /> made final.The order imposed a$4 ,000 civil penalty on Fontanari and required a$172,184 band <br /> increase,among other required corrective actions. <br /> 10. On October 8, 2019,, Fontanari filed a Motion for lie-Consideration of the <br /> September 26,2019 NLRB order from the August 21, 2019 hearing. That motion incorporated by <br /> reference the Motion to Re-Open. <br /> 11. Fontanari's timely-fed Motion for Re-Consideration tolled the judicial review <br /> deadline of the September 26,2019 MLRB order. Mineral Rules and Regulations of the Colorado <br /> Mined Land Declamation Board for the Extraction of Construction Materials,Rule 2.9. . <br /> 12. On November 131,2019,at an MLRB meeting,the MLRB passed a notion denying <br /> "the Fontanari motions[.'(Transcript of MLRB November 13,2019 Meeting at : 2-1 ; ,attached <br /> as Exhibit A.) <br /> 13. Therefore,as of November 13,2019,Font nari's Motion for Re-Consideration was <br /> finally denied. <br /> 14. Pursuant to Colorado's Administrative Procedure Act, Fontanari may initiate an <br /> action in district court within 35 days after such agency action becomes effective. C.R.S. § 24-4- <br /> 106(4). <br /> GROUNDS FOR REVIEW <br /> 15. This Court shall hold unlawful and set aside an agency action where the action is a <br /> denial of a statutory right. C.R.S. § 24-4-106(7)(b)(II). Fontanari was denied his statutory right <br /> under section 4-4-109a ,C.R.S.,to counsel of his choice at the August 21, 2019 hearing. <br /> 16. This Court shall hold unlawful and set aside an agency action where the action is <br /> an abuse of discretion. C.R.S. § 24-4-106(7)(b)(VI). The MLRB abused its discretion by denying <br /> Fontanari due process at the August 21, 2019hearing, at which Fontanari had no meaningful <br /> choice but to attend without counsel, and was not given meaningful opportunity to inspect or <br /> notified of the opportunity to cross-examine on documents supporting the Board's decision. <br /> 1 . This Court shall hold unlawful and set aside an agency action where the action is <br /> an abuse of discretion. C.R.S. § 24-4-106 7 b I . The MLRB abused its discretion by ordering <br /> a $1721,184 bond increase without providing Fontanari a meaningful opportunity to be heard on <br /> the issue, <br />