1979-04-11_ENFORCEMENT - M1978352

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D. Based upon the allegations of Plaintiffs' Complaint, together with the undisputed fact that Mr. Nottingham, on his own behalf, did not participate in the challenged admin- istrative proceeding, Defendant is entitled to an Order dis- missing Plaintiffs' Complaint, or in the alternative awarding summary judgment on Plaintiffs' Complaint with respect to William E. Nottingham, Jr. in his individual capacity. II . Plaintiffs' Complaint must be dismissed as a consequence of their failure to exhaust their administrative remedies. A. The Colorado Mined Land Reclamation Act, C.R.S. 173, §34-32-101 et seq. ("the Act") at §34-32-114 , provides the right to "any person" to file a written petition for a hearing with the Mined Land Reclamation Board concerning any pending application for an extraction and development permit for mining operations subject to the requirements of the Act. In addition, §34-32-114 allows any person to file a written statement of opposition or support with regard to a pending permit application. Petitions for a hearing or statements of support or opposition must, however, be filed with the Board "not more than twenty days after the date of last publication of notice pursuant to §34-32-112 (10) . " C.R. S. 173 , 534-32-114 . B. The regulations promulgated by the Mined Land Reclamation Board provide that the term "meeting" means a "hearing held under the provisions of C.R. S . 1973, 24-4- p 104, " concerning licensing . See, Rules and Regulations of the Mined Land Reclamation Board, July 1978 , (hereinafter, /f "Rules and Regulations") , Rule 1. 1 (15) . The Rules and Regulations define the term "hearings" as distinguished from meetings, to mean a "hearing held under the provisions of C.R.S. 1973, 24-4-105, " concerning formal ajudicatory hearings. Further, the Rules and Regulations . require that any petition for a hearing, pursuant to C.R. S. '73 , §34-32-114 , must expressly set forth the hearing request and that "a written -2-