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B. PLAINTIFF IS ENTITLED TO JUDICIAL REVIEW <br /> PURSUANT TO C.R.S. 24-4-106 AND PLAINTIFF <br /> HAS NONETHELESS EXHAUSTED IT' S ADMINIS- <br /> TRATIVE REIMEDIES. <br /> Defendant' s claim that Plaintiff has not exhausted <br /> it' s administrative remedies and is therefore barred from a <br /> judicial review ignores the controlling statutory language <br /> of C.R. S. 24-4-106 , and misapplies the established judicial <br /> interpretation of the exhaustion doctrine. <br /> Statutory Rule <br /> C. R.S. 24-4-106 (1),(2) declares : <br /> (1) In order to assure a plain, simple, and <br /> prompt judicial remedy to persons or parties <br /> adversely affected or aggrieved by agency actions , <br /> the provisions of this section shall be applicable. <br /> (2) Final agency action under this or any other <br /> law shall be subject to judicial review as provided <br /> in this section, whether or not an application for <br /> reconsideration has been filed, unless the filing <br /> of an application for reconsideration is required <br /> by statutory provisions governing the specific <br /> agency. In the event specific provisions for <br /> rehearing as a basis for judicial review as applied <br /> to any particular agency are in effect on or after <br /> July 1, 1969 , then such provisions shall govern the <br /> rehearing and appeal procedure, the provisions of <br /> this article to the contrary notwithstanding." <br /> Thus, when final agency action is found, judicial review when <br /> sought shall be granted. Colorado Department of Revenue vs . <br /> District Court, 172 Colo. 144 , 470 P. 2d 864 (1970) ; Colorado <br /> State Board of Optometric Examiners vs. Dixon, 175 Colo. 488 , <br /> 440 P. 2d 287 (1968) . <br /> All Defendants admit in their Memorandum Brief and affidavits <br /> that the Idarch 1 monthly Board "meeting" was a "licensing <br /> proceeding under the State A.P.A. , Section 24-4-104 , C. R. S. <br /> 1973. " It is undisputed that at the March 1st meeting, the <br /> Board approved the application of Defendant Nottingham Sand <br /> & Gravel, and granted the operating permit (page 34-35, trans- <br /> cript of meeting, hereafter "transcript" . ) There are no <br /> statutory provisions requiring a reconsideration or rehearing, <br /> -5- <br />