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calendar year from the approval, the Board shall hold a hearing to reconsider the <br /> approval. Rule 4.1(2). If, at such hearing, the Board affirms the original <br /> application approval, the Board shall establish a new deadline for submittal of the <br /> performance and financial warranties. Applicant failed to submit the required <br /> performance and financial warranties within one year of the Division's approval of <br /> the Application. <br /> 15. For a hearing to reconsider an application approval, the Division and <br /> applicants are required to comply with the notice and comment provisions of Rule <br /> 1.6. Rule 4.1(2). The Division provided proper notice of the May 17, 2023 hearing <br /> in compliance with Rule 1.6. The Applicant did not provide proper public notice as <br /> required by Rule 1.6. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> DENIES the Application for Applicant's failure to submit acceptable performance <br /> and financial warranties and for failure to initiate the public notice and comment <br /> provisions of Rule 1.6. <br /> DONE AND ORDERED this 7th day of June 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> C, /-?. 4v--- <br /> Patrick Ortiz, Chair <br /> NOTICE OF JUDICIAL REVIEW RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely <br /> affected or aggrieved by agency action may commence an action for judicial review <br /> by filing a complaint with the district court within 35 days after the effective date of <br /> this order, pursuant to section 24-4-106, C.R.S. (2022) and the Colorado Rules of <br /> Civil Procedure. In the event that a complaint for judicial review is filed, <br /> designations of record made in accordance with section 24-4-106(6), C.R.S. should <br /> be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, <br /> Attention: Camie Mojar. <br />