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the Board hearing related to consideration of the application; <br />(c) on or before the date set for Office consideration of the <br />application, issue a recommendation to the Boazd for approval, approval with <br />conditions, or denial of the application. Such recommendation shall identify <br />the issues raised by the Office or by the petitions_for a hearing filed with the <br />Office. The Office's recommendation and rationale for approval or denial shall <br />be mailed to the Applicant and to all pazties within ten (10) working days of <br />the date of the Division's recommendation for approval or denial. <br />(3) Where a 112 or 122d Reclamation Permit Application is set for a <br />hearing, the Boazd shall make a final decision on the application within one hundred <br />twenty (120) days after the date the application was filed, unless the date set for <br />consideration has been extended pursuant to Paragraphs 1.4.1(7), (9), or (13), Rule <br />1.8, or Section 34-32-115(2), C.R.S. <br />(4) The decision rendered by the Board shall be considered final agency <br />action for the purposes of the judicial review provisions of Section 24-4-106, C.R.S. <br />1.4.10 RESERVED <br />1.4.11 Administrative Appeal - of an OfSce Decision <br />(1) Any person who can demonstrate that he/she/it is directly and <br />adversely affected or aggrieved by an action of the Office, including a decision to <br />grant or deny a permit application, other than an application considered under the <br />Page 19 <br />Hard Rock/Metal Mining Rule 1 <br />provisions of Paragraph 1.4.9, and whose interests aze entitled to legal protection <br />under the Act may petition for a hearing before the Board on such action within: <br />24-4-104(9) (a) sixty (60) days of the date of the Office decision if the Office <br />decision was a denial, without a hearing, of an application for a permit or a <br />Notice of Intent; or <br />(b) thirty (30) day for an appeal of any other Office decision. <br />(c) Such hearings before the Boad shall comply with this Rule and <br />Section 24-4-105, C.R.S. <br />(d) Such petitions for a hearing shall state how the petitioner is <br />directly and adversely affected or aggrieved by the Office's decision, and how <br />the petitioners interests aze entitled to protection under the Act. The <br />petitioners shall list and explain any issue the petitioner believes should be <br />considered by the Board at the hearing on the matter. The petition for a <br />hearing shall specify the application or file number assigned by the Office. <br />