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GENERAL46384
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GENERAL46384
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Entry Properties
Last modified
8/24/2016 8:19:28 PM
Creation date
11/23/2007 2:36:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Name
Boards Answer to Boyton et al v. MLRB
From
AGO
To
MLRB & DMG
Media Type
D
Archive
No
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obligated to cause notice of the filing of its application to be published in a newspaper of general <br />circulation in the area of the proposed operation, once a week for four consecutive weeks, as well <br />as to mail personal notice to certain property owners in the vicinity. § 34-32.5-112(9)(b), (c), <br />C.R.S. <br />Members of the public who maybe adversely affected by the proposed operation may file <br />written objections to the application no more than twenty days after the date of the last <br />publication of notice. § 34-32.5-114, C.R.S. If a person files a timely written objection to the <br />application, the Boazd may conduct a formal adjudicatory hearing. § 34-32.5-114, C.R.S. <br />The parties to the hearing include the applicant and all people who file written objections <br />and who desire a hearing. § 34-32.5-115(2), C.R.S. Since the Division has no stake in whether <br />the permit is issued, the Board does not consider it a party to the hearing. However, the Division <br />does appear and testify as staff to the Board in order to explain its review of the application and <br />its recommendation. <br />The role of the Division changes, depending on whether it receives an objection to the <br />application. In those instances in which it receives no objection, the Division reviews the <br />application, identifies any errors or omissions, notifies the applicant, and the applicant responds <br />with additional information. The Division and the applicant continue this process to make sure <br />the application is satisfactory. The Division has up to ninety days to finish the process and make <br />a decision. § 34-32.5-115(1), C.R.S. Then the Division either approves or denies the <br />application. If, however, the Division receives objections to the application from interested <br />persons who desire a hearing, the Division only recommends a decision to the Board. In such <br />cases, the Division does not decide whether to issue the permit. Instead, it makes a <br />6 <br />
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