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Environment, 985 P.2d 654, 658 (Colo. App. 1999) (emphasis added). The Board considered <br />this matter at the hearing on Basin Resource's motion, and issued its written order concluding <br />"that once a hearing has been requested on a NOV, the jurisdiction of the Boazd has been <br />im~oked." Board Order, Exhibit A, at § 8. That conclusion is consistent with the provisions of <br />the Coa] Act. That Act provides, for example, that a party seeking temporary relief from an <br />NOV seek that relief from the Board, not the Division. Colo. Rev. Stat. § 34-33-124(3). <br />Similazly, the Colorado Administrative Procedure Act states that it is the "agency conducting a <br />hearing" that has authority to "dispose of motions to amend or to dismiss without prejudice <br />applications and other pleadings." Colo. Rev. Stat. § 24-4-105(4). Finally, the Boazd's decision <br />is consistent with the regulations promulgated under the Coal Act. These regulations delineate <br />the relative duties of the Division and the Board. See 2 Colo. Code Reg. 407-2, § 5.01.3 (Coal <br />Regulations). The Division, for example, has the authority to respond to citizen's complaints, <br />issue NOVs, hold informal public hearings and assessment conferences, and to enter into <br />settlement agreements. Coal Regulations § 5.01.3(1). It is the Board, however, that has the <br />authority to hold public hearings to allow operators and other parties to present information <br />"conceming the issuance, continuance, modification, vacation, or termination" of NOVs. Coal <br />Regulations § 5.01.3(2). <br />Because the order of the Boazd is consistent with the Coal Act or other applicable statutes <br />or regulations, this court must defer to the agencies interpretation of its organic act and uphold <br />the order of the Board in this instance. <br />-~- <br />