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subsequent Division report dated October 16, 2003 found the ZMK operation to be in <br />compliance with applicable Colorado Mined Land Reclamation Act for the Extraction of <br />Construction Materials ("Construction Materials Act") statutes and rules. On November 13, <br />2003, the Division received a letter from ULP requesting a hearing before the Board, and <br />the matter was scheduled for the Boazd's Mazch meeting. <br />4. On March 1, 2004, the Board received a Motion to Dismiss filed by the Division. On March <br />22, 2004, the Division filed another motion requesting that if the Board denied the Motion <br />to Dismiss, that it continue the hearing on ULP's appeal of the Division's enforcement <br />decision. The Division aggues in its Motion that under the Construction Materials Act and <br />its accompanying rules, private citizens do not have a private right of action to appeal <br />enforcement decisions. Rather, the discretion to bring an enforcement action lies entirely <br />within the Division. Because the Division inspected the ZMK site and found no violation, <br />the Division argues that no further internal administrative review is available for private <br />citizens such as ULP. <br />5. Construction Materials Rule 1.4.11 addresses administrative appeals of Division decisions. <br />It provides a procedure whereby a person aggrieved by a Division decision may petition the <br />Board for a hearing. A petition must be timely filed and it must state how the petitioner is <br />directly and adversely affected or aggrieved by the Division's decision and how the <br />petitioner's interests aze entitled to protection under the Act. ULP's November 11, 2003 <br />request for a Board hearing contains generalized complaints concerning lack of enforcement <br />and lack of supporting data, but it contains no statement explaining how ULP is directly and <br />adversely affected by the Division's decision or a statement explaining how ULP's interests <br />are protected under the Act. Furthernlore, prior Board decisions have established the <br />