2010-09-14_ENFORCEMENT - M1977300 ‎(3)‎

• Permit No: M1977300
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/14/2010
• Doc Name: Division Response to Cotter's Petition for Reconsideration- email
• From: Robert Tuchman
• To: Jillian Allison- AGO
• Email Name: DB2
• Media Type: D
• Archive: No

4-1-177-3 ov
Bird, David -
From: Robert Tuchman [[e-mail]]
Sent: Tuesday, September 14. 901Q 6.32 PM
To: ?1Jillian Allison': Cheryl Linden
Cc: Charlotte Neitzel; Berry, David; Bird, David; Pineda, Loretta; Peter Hack; Pope, Sitira;
Waldron, Tony
Subject: Division Response to Cotter's Petition for Reconsideration
Ms. Allison,
Thank you for your response. Please note, however, that Cotter continues to object on the bases set forth in my emails
below and preserves the issue for appeal purposes.
Sincerely,
Robert Tuchman
From: Jillian Allison [mailto:[e-mail]] z
Sent: Tuesday, September 14, 2010 1:39 PM
To: Robert Tuchman; Cheryl Linden
Cc: Charlotte Neitzel; [e-mail]; [e-mail]; [e-mail]; Peter Hack;
[e-mail]; [e-mail]
Subject: RE: Division's Response to Cotter's Petition for Reconsideration re Schwartzwalder Mine
Everyone: I instructed Ms. Pope to place Cotter's Petition for Reconsideration on the Board's September 15
Meeting Agenda on September 1, 2010. I also directed Ms. Pope to get information for this agenda item from
the Division staff.
Mr. Tuchman, the Division staff provides information for the agenda using an agenda worksheet form. By
default, this agenda item was inadvertently labeled as a Formal Public Hearing with David Bird as the
presenter.
I will direct Mr. Pope to change the title for this agenda item to "Board Action" and remove David Bird as the
presenter.
The Board has not yet considered or decided whether to hear this item. Cotter's Petition will be considered
pursuant to Hard Rock Rule 2.9.3. Rule 2.9.3 says "[t]he Board may grant or deny the petition based solely on
the written submittal in support of the petition or written opposition thereto, or the Board may, in its discretion,
grant the parties ... an opportunity to present oral arguments." The Board, as a public body, must meet in
order to exercise its discretion.
Please accept my apologies for any confusion regarding this matter.
Jillian Allison
Assistant Attorney General
Business & Licensing Section
Office of the Attorney General
303-866-4395
FAX [phone]
This message may contain confidential and/or legally privileged information and is intended only for the
named recipients. Any name or signature block is not a legally binding electronic signature. If you are not an