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60 <br />1 have the authority to do those things. The power <br />2 to issue a notice of violation carries with it the <br />3 inherent authority for DMG in its discretion to say <br />4 that it does not wish to prosecute that notice of <br />5 violation and to terminate proceedings that other <br />6 people may bring to challenge the notice of <br />7 violation. <br />8 If that were not clear on just an <br />9 inherent authority basis, the regulations and the <br />10 statute that governs the surface mining program in <br />11 Colorado both expressly contemplates that this <br />12 board will hear challenges to the vacation of a <br />13 notice of violation, <br />14 It makes no sense whatsoever, not one <br />15 lick of sense, for this board to conclude that DMG <br />16 can't vacate a notice of violation withouC the <br />17 board's approval and then the board will turn <br />18 around and hear objections to what it has already <br />19 approved. It just doesn't make any sense. <br />20 The existence of a separate proceeding <br />21 that allows the board to review the DMG's decisions <br />22 to vacate confirms that DMG has the authority to <br />23 vacate in the first place without asking the board <br />24 or anyone else for permission to do so. <br />25 My clients have relied upon the notice <br />