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Abba has neither applied for a certificate of authority nor attempted to demonstrate that it is qualified to conduct the business of insurance in this state. As such, it is in violation not only of the above cited statutes, but is further in violation of every insurance law and regulation which is applicable to insurance companies who conduct surer transactions in this state. (Emphasis added). d. American Preferred Underwriters Reinsurance Company, Ltd. (the company providing the financial backing to Abba) is not authorized to conduct insurance business in the state of Alabama, and made no filings as an alien insurance company as required under Alabama regulations. Based on the these reasons, the Division believes the operator is in possible violation of the Colorado Land Reclamation Act for the Extraction of Construction Materials ("Act's and the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction ofConstruction Materials ("Rules and Regulations', specifically, C.RS. 34-32.5-117(6)(a) and Rule 4.1(7) for failure to maintain a financial warranty in good standing. The Division will schedule this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held during the July 12-13. 2006 Boazd meeting for consideration of the possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m. on July 12'" or beginning at 9:00 a.m. on July 13s', or as soon thereafter on each of those days or as soon thereafter as the matter can be considered. At that hearing you will have the opportunity to be represented and heazd. It will be reiterated that there is reason to believe that you aze in violation of the provisions noted above. The hearing will follow the procedures of Colorado's Administrative Procedures Act, C.R.S. § 24-4-101, et. seq. You will have an opportunity to provide evidence and call witnesses, and you maybe represented by an attorney if you so choose. If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, and/or assess a Civil Penalty in the amount of $100.00 to $1000.00 for each day of violation pursuant to Rule 3.3.2(2)(b). If you have evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing, If the Board determines that your financial warranty has been materially impaired, the Boazd may order you to provide an alternative form of financial warranty within ninety (90) days of the heating, or face other actions or consequences. See C.R.S. 34-32.5-117(6)(g) of the Act and 4.15(5) of the Rules and Regulations. Following the hearing, all parties have an opportunity to review and comment on a draft of the Boazd's order before it becomes final. If you wish to do so, you must provide the Boazd with a written request to review the draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you request to review the draft order. You must include your mailing address and, if possible, a fax or email address. You will be provided a copy of the draft order for your review as soon as it is available. The Board must receive your comments on the draft order within ten (10) calendar days of the date the draft order is mailed, unless that deadline is extended. Please note that the Division of Minerals and Geology has requested and will be allowed to review and comment on the draft Board Order prior to mailing to anyparty. Submit all comments in writing to Mr. Tyson Powell, Assistant Attorney General, 1525 Sherman Street, 5`" Floor, Denver, Colorado 80203, or FAX #(303) 866-5395. The Board will resolve any issues regazding the form and substance of the order. This process does not affect your right to request reconsideration by the Boazd