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[Nottingham Affidavit, Ex. 2; Compare, Heifner Affidavit, Ex. 1. 1 <br /> Consistent with statutory requirements that permit applications be— <br /> acted upon by the Board within 90 days of filing, see, Section 34- <br /> 32-115, C.R.S. 1973, the Nottingham Sand and Gravel application <br /> was scheduled for consideration at the March 1, 1979 Board meet- <br /> ing. <br /> The March 1 monthly board meeting, like other monthly board <br /> meetings, was not in any respect conducted as an administrative ad- <br /> judicatory hearing. There was no examination or cross-examination <br /> of witnesses, nor were the other adversary procedures provided for <br /> by the State Administrative Procedure Act in Section 24-4-105, <br /> C.R.S . 1973, observed. [Barry Affidavit, 14. ] This manner of <br /> proceeding is entirely consistent with the rules and regulations <br /> of the Board which define the term "meeting" to mean a licensing . <br /> proceeding under the State Administrative Procedure Act, Section <br /> 24-4-104, C.R.S . 1973. See, Rules and Regulations of the Mined <br /> Land Reclamation Board, July 1978 (hereinafter, "Rules and Regula- <br /> tions" ) , Rule 1. 1 (15 ) . On the other hand, the term "hearing" is <br /> defined by the Rules and Regulations as an adjudicatory hearing <br /> under the Administrative Procedure Act, Section 24-4-105, C.R.S . <br /> 1973. Hearings before the Board with respect to the grant or <br /> denial of permit applications are conducted only on submission of <br /> a proper written petition for a hearing. Rules and Regulations, <br /> Rule 2. 35. <br /> During the course of the afternoon session of the Board' s <br /> March 1, 1979 public meeting, Mr. Heifner presented the material <br /> facts relevant to the Nottingham Sand and Gravel application to <br /> the Board for action by way of permit issuance or denial . Mr. <br /> Heifner told the Board, based on his careful evaluation of the <br /> application, that it met all requirements of the Act and recom- <br /> mended Board approval and permit issuance. [Heifner Affidavit, <br /> 114. ] During the course of his presentation, Mr. Hiefner de- <br /> scribed a February 16, 1979 letter of objection submitted by the <br /> Plaintiff Trust. [Heifner Affidavit, Ex . 1 . ] Heifner observed <br /> -3- <br />