REV97575

• Permit No: M1980193
• IBM Index Class Name: Revision
• Doc Date: 10/26/2005
• Doc Name: Notice
• From: DMG
• To: Various
• Media Type: D
• Archive: No

Following Mr. Doran's call on 10/21/05, the Division spoke
with the circulation manager at the E1 Paso County
Advertiser and News (also known as the E1 Paso County News
and Fountain Valley News) and decided that the published
Notice did not meet the requirements of Rule 1,6.2 (1)(d)
because the newspaper was not distributed in Calhan and
that they had only "a couple" of subscribers in Calhan. At
that time, the Division offered RMM two options, 1) either
republish in a newspaper meeting the requirements of Rule
1.6.2(1)(d); or 2) proceed with the scheduled Board hearing
and oppose the Division's recommendation to deny the
application based on notice deficiencies. At that time you
informed the Division that you would decide by 10/24/05,
which options you would choose.
On 10/24/05 after talking with RMM, the Division contacted
the Managing Editor of E1 Paso County Advertiser and News
(EPCAN) and verified the following: 1) EPCAN is published
in El Paso County and has a general circulation therein.
2) EPCAN is duly qualified for publishing legal notices
within the meaning of the laws of the State of Colorado.
3) EPCAN does not stock newsstands or grocery stores in
Calhan. 4) It was the "gut feeling" of the Managing Editor
that, based on her hearing the language of Rule
1.6.2(1)(d), EPCAN "probably" did not meet the criteria,
particularly circulation in the "locality" of Calhan.
After hearing this information on 10/24/05 RMM agreed to
republish in a newspaper that meets the requirements of
Rule 1.6.2(1)(d) At that time the Division requested a
90-day decision waiver for the Amendment Application. On
10/25/05 the Division received a faxed copy of the 90-day
decision waiver and a copy of the public Notice you sent to
a newspaper. Following that, the Division changed the
decision date for the Amendment application from 11/14/05
to 2/14/06.
Based on discussions with the Attorney General's office,
the Division determined that all timely objections received
during the previous comment period will be considered
timely objections and those objectors will not need to send
another letter to be considered parties to the process.
Objections and comments received by the end of the new
public comment period will be considered, and potential new
parties will be identified. Based on the faxed Public
Notice, the new comment period will end 12/7/05. After the
end of the new comment period, the Division will notify all