REV11541

• Permit No: M1977210
• IBM Index Class Name: Revision
• Doc Date: 6/9/1989
• Doc Name: ENFORCEMENT OF MLRB RULES 2.1.2[13] AND 1.3.3 AS THESE RULES MAY PERTAIN TO THE CONFIDENTIALITY OF R
• From: COLO DEPT OF LAW
• To: REP RENNY FAGAN
• Type & Sequence: AM3
• Media Type: D
• Archive: No

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Duane Woodard STATE SERVICES BUILDING
Attorney General 1525 Sherman Street
Charles B. Howe l'+hC &'rate of LnlDrailD Denver, Colorado 80203
thief Deputy Attorney General Phone [phone]
DEPARTMENT OF LAW Fax [phone]
Richard H. Forman
Solicitor General OFFICE OF THE ATTORNEY GEMER AL
June 9, 1989
Representative Renny
2319 Stepping Stones
Colorado Springs, CO
RE: Enforcement of
and 1.3.3 as t
of Reclamation
Fagan
Way
80904
Mined Land Reclamation Board Rules 2.1.2(13)
~ese Rules may pertain to the Confidentiality
Costs
Dear Representative Fagan:
This is in response to your letter to Attorney General
Woodard dated June 9, 1989 on the subject of the enforceability
of Mined Land Reclamation Board Rules 2.1.2(13) and 1.3.3 relat-
ing to confidentiality of reclamation costs. Unfortunately we
are not in a position to render a legal opinion to you on this
matter at this time. Because our agency legal services are paid
for by our agency clients, we are able to render a legal opinion
to the Legislative Branch only when it is approved by House
Speaker Bledsoe. Accordingly, you may wish to pursue this
request with Speaker Bledsoe.
It should be further pointed out that all agency rules and
regulations must be approved by the Office of the Attorney Gen-
eral prior to their adoption under 24-6-103, C.R.S. Since this
office has already approved the rules in question, it would be
unlikely that we could render an opinion inconsistent with the
regulations we previously approved. This does not address the
question of whether this information is obtainable as a public
record under the Public Records Act, 24-72-201, et seq., C.R.S.
I regret we are not in
request for a legal opinion.
legal obligation is to defend
in the event of litigation in
opinion outside normal client
authorization. In this case,
come from Speaker Bledsoe.
3 position to respond to your
But it should be noted that our
the Mined Land Reclamation Division
this matter and cannot render an
channels without appropriate
the appropriate authorization must
It appears that this matter might better be addressed as a