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S6'JT gv:{;Cc <br />y• <br />;a <br />3-.Q 1 5~36~Y, Df3(,;L5~114~i3i21I0007:',~33P32~x 3/ 4 <br />The Coal Act grants the Board broad jurisdiction to administer the Act. Colo. Rev. Slat. <br />§ 34-33-105. The Coal Act describes the authority of the Boatel to review decisions by the <br />Division to issue a notice of violation. Once an operator requests at hearing, it is the Boazd that <br />causes an investigation into the NOV to be conducted. Colo. Rev. Stet. § 34-33-124(1)(a). 71re <br />Coal Act does not expressly state that the jurisdiction of the Board a[ this juncture is exclusive. <br />Thal exclusivity is implied, however, by Section 34-33-124(3) of the Coal Act. That clause <br />states that an operator or another party to a Board proceeding can File a request for temporary <br />relief from an NOV or cessation order. This provision of the Coal Act indicates that it is the <br />Board and not the Division that controls the disposition of the Notice of Violation once tho <br />hearing process has been invoked. It also indicates that the Tatutns should have asked the Board, <br />and not the Division, to vacate the NOV and allow them to bring their claims in different forum. <br />The APA supports the view that it is the Board that should decide whether the NOV is <br />properly vacated. It is the "agency conducting a hearing" that has authority to "dispose of , :.~$ <br />.- i ~~: <br />motions to amend or to dismiss without prejudice applications and other pleadings." Colo. Rcv. ~ . ' <br />;. <br />Slat. § 24-4-105(4). The APA also states that an agency may not withdraw from a proceeding ~' .? ~:- <br />. . ~, <br />where that withdrawal "makes it impossible for the agency to render a decision." Colo. Rev. Stat. <br />§ 24-4-105(3}. While the circumstances for withdrawal in this clause do not apply in the present <br />action, this section of the APA reinforces the intent of the legislature that the parties be afforded <br />a full and final adjudication of issues presented to administrative bodies. ~~ <br />s!f <br />~;:;:r. <br />Finally, the Coa] Regulations clearly delineate the relative responsibilities of the Boazd ,. ? <br />-. ;, ,,~~ <br />end the Division, and vest the decision to vacate an NOV in this instance to the Board. The .'-: > ; <br />Division, for example, has the authority to respond to citizen's complaints, issue NOVs, hold <br />informal public heazings and assessment conferences, and to enter into settlement agreements. <br />$. <br />_2_ <br />r. 1 <br />