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ENFORCE22351
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Last modified
8/24/2016 7:32:06 PM
Creation date
11/21/2007 10:09:33 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Name
BRIEF OF BASIN RESOURCES INC IN RESPONSE TO PLAINTIFFS APPLICATION FOR TEMPORARY RELIEF
Violation No.
CV2000009
Media Type
D
Archive
No
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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 />
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