Laserfiche WebLink
OF'COIO Q <br />x rt <br />} X876 ~` <br />ICEN SALAZAR <br />Attorney General <br />CHRISTINE M. ARGUELLO <br />ChieF Deputy Attorney General <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />A L.4N .1. GILBERT <br />Solicitor General <br />June 8,2001 <br />TO: Mark Held <br />MEMORANDUM <br />Assistant Attorney General <br />Business and Licensing Section <br />FROM: Cheryl A. Linden 1~1d/. <br />First Assistant Atto~rtey General <br />Natural Resources and Environment Section <br />RE: Comments from Powderhom on proposed Board Order <br />III IIIIIIIIIIIII III <br />999 <br />STA"rE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 8020; <br />Phone 303 866-4500 <br />FAX 303 866-5691 <br />I have reviewed the comments and suggested changes to the proposed order in the <br />Powderhom Coal Company matter submitted by Bob Comer, Powderhom's attorney, on June 7, <br />2001. I have the following comments and objections to his proposed additions to the order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />Mr. Comer suggests stating in paragraph ~ that Frontier "has deferred its right" to a <br />hearing on suspension of its license. Nothing in the record supports that Frontier has <br />deferred its right to a hearing. The waiver executed by Frontier states that Frontier <br />"agrees without protest to the entry of the foregoing Order of Summary Suspension <br />without a hearing and understands that a hearing will be scheduled only upon written <br />application by the undersigned." There is no evidence in the record that Frontier has <br />made written application for a hearing or any other indication that Frontier has done <br />anything other than waive its right to a heazing on the suspension of its license. <br />The proposed changes to pazagraph 12 concern whether the Boazd agrees to stipulate <br />to a stay in the event Powderhom seeks judicial review of the Boazd's order. This <br />issue is for the Board to decide. The Division's only comment is that the director <br />made it cleaz in his remarks to the Boazd that any stay is up to the Boazd. Thereafter, <br />the Boazd does not specifically make a decision on whether to stay any future <br />litigation. <br />