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• I I I II II IIII IIII II II • - 999 ~e N /~ * 'YU 6 ~` * X 87 ~l~r ~ttttr of Cnulnrtt~n Gale A. Norton 110 16th Street - 101h Floor Attorney General DEPARTMENT OF LAW Denver, Colorado 60202 Raymond T. Slaughter Phone szo-a500 Chief Deputy Attorney General OFFICE OF iNE ATTORNEY GENERAL FAX (303) 620-4130 Timothy M. Tymkovich Solicitor General ~ ~ July 18, 1991 ~ ~y.~, / {`~ ~ ~G~'; ~r JUC Ig1991 M E M O R A N D U M R~cl rryatio O d ~ o ~ TO: Daniel I. Hernandez Senior Reclamation Specialist Mined Land Reclamation Division FROM: Frank Johnsoa~ Assistant Atto ne General RE: Hi-Valley Pavin Bucky Claunch Pit, Permit No. M-82-033 I need additional information to make a determination as to whether all penalties against Bill Malouff and Hi-Valley Paving have been suspended or paid. The complaint that was filed in the district court in the action referenced by Mr. Rowe states that the $10,000.00 civil penalty was assessed by the Board on January 27, 1982. The April 26, 1989 letter from Steve Renner states that the Board approved the suspension of the $10,000.00 civil penalty for full compliance with the terms of the September 1987 Board order. Are these the same civil penalty? I note that if both Board orders relate to the same civil penalty, the 1989 Board action purports to suspend a civil penalty that had already been reduced to a judgment by the district court. The Board probably lost the jurisdiction to alter its original order when the collections action was filed in district court. Although the Board probably has broad authority to settle the collections actions that stem from civil penalties assessed by the Board, this particular collections actions may have been handled by a private attorney pursuant to a contract to perform collections actions. If so, the terms of the contract may have affected the Board's authority to settle the case or suspend the the penalties.