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Phil Jensen <br />• 9 Oct 97 <br />Page 16 of 18 Pages <br /> <br />to this Rule, the Division shall hold an informal conference as <br />provided in 2.07.3(6) to resolve any written comments or objections <br />on the request for release, when such a conference is requested. <br />(a) The purpose of an informal conference is to provide an <br />opportunity to resolve disagreements prior to a proposed decision <br />to release by the Division; and therefore, potentially avoid an <br />adjudicatory hearing pursuant to 3.03.2(6). <br />(b) Notice of an informal conference shall be published in a <br />newspaper of general circulation in the locality of the conference, <br />at least two weeks before the date of the conference. <br />(c) The informal conference shall be held within thirty (30) days <br />from the date of the notice; and shall conclude by the sixtieth day <br />following the inspection and evaluation required in 3.03.2(2). <br />(d) The requirements of 24-4-105(6) C.R.S. (Colorado <br />Administrative Procedures Act) shall not apply to the conduct of <br />the informal conference. <br />{e) An electronic or stenographic record shall be made of the <br />conference and the record maintained for access by the parties, <br />until final release of the bond, unless recording is waived by all <br />of the parties to the conference. <br />t25(a> (5) Decision by the Division. <br />(a) The Division shall provide written notification to the permittee, <br />the surety, any person with an interest in collateral who has <br />previously requested notification and any other interested parties <br />of its proposed decision to release or not release all or part of the <br />performance bond, together with written reasons for such <br />proposed decision, recommended corrective actions necessary to <br />secure release, and of their right to request a public hearing as <br />described in 3.03.2(6) within sixty (60) days after the date of <br />completion of the inspection and evaluation required in 3.03.2(2). <br />Further, the Division shall publish written notice of its proposed <br />decision once a week for two consecutive weeks in a newspaper <br />of general circulation in the locality of the surface coal mining <br />operation and shall immediately provide written notification of its <br />• Enclosure 4 <br />