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• J,VJ.J ~Uf IIIQI ICI ICIY U`f UIC DUC!'p, <br />117(3),(5) (1) An operator or person iss any notice of <br />124(1)(a) violation or ssation order, or any person~ing an interest <br />which is or may be adversely affected by sucti notice or order or <br />by any moai fi cation, vacation, ar termination of such no ti ce or <br />order may request review thereof by Uie Board within 90 days <br />after the issuance of the notice or order or within 90 days <br />after its ma di fi a ti on , v am ti on , or fermi n ati on . Hcwev er , th e <br />fil inq of such a request shall not operate as a stay or <br />modi fi m ti on o f any nati ce a or der , <br />(b) A permi ttee issued any show cause order ~ <br />pursuant to 5.03,3(1) shall request formal review by the Board <br />in accordance wi th 5,03,3(3) (a ). <br />(c) A person issued any notice and order to pay a <br />fixed penalty under 5,04,3(5) shall request formal re•~iew by the <br />Board in accordance with 5.04,4. <br />(d) A person issued any native of proposed <br />indivi dual civil penal ty assessment under 5,04,7 may request <br />review thereof by the Board within 30 days after issuance of the <br />proposed indivi dual civil penal ty ass essme~t. <br />Page 3~ <br />Section 5.03,5 <br />124(1) (a) (2) Upon recei pt of a request for review in accordance <br />with (1) above, the Board shall cause an investigation to be <br />ccndicted by the Division as it deems appropriate, and the Board <br />shall receive the completed report of such investigation before <br />the hearing. <br />124(1)(a) (3) A formal hearing shall be hel d wi thin o0 days after <br />.the Board's receipt of a request therefore pursuant th (1 ) <br />above, subject to the time limithtion imposed in certain cases <br />by (4) (b) b el ow . <br />124(1 )(b) (a) Such hearing shall be "of record" and subject <br />to 'the provisions of the "State Administrative Procedure Act", <br />C.R.S„ .24-4-101 et seq. as amended, At suds hearings, no <br />evidence as to s to teme~ is m3 de or evidence produced by any <br />person at an informal hearing held under 5.03,2(7) or at an <br />assessment conference held under 5,04,3 shall be introduced as <br />evidence cr to impead7 any wi mess. <br />124(1)(b) (b) The person issued any notice of violation ar <br />cessation order, any other persons requesting a hearing pursuant <br />to (1) above, and all other persons expressing an interest, <br />shall be given at least 5 days written notice of the date, time, <br />and place of the hearing. 4h en practicable, advance notice of <br />suds hearing shall also be included in the Division's monthly <br />mailings. Advance notice of such hearings shall be posted at <br />the Division office closest to the mine ar exploration site. <br />