Laserfiche WebLink
provision. The rule does not limit the imposition of civil penalties to violations of a permit. <br />Instead, it also allows the imposition of civil penalties for violations of the Mined Land <br />Reclamation Act and the Hard Rock/Metal Mining rules and regulations. Even Rule 3.3.2(2)(b) <br />does not authorize penalties to be imposed for violation of a Board order. <br />In the statutory provision regarding enforcement, the legislature carefully prescribed what <br />enforcement options and procedures were available for different types of violations. For <br />example, paragraph 1 of C.R.S. 34-32-124 states that written notice shall be given to the operator <br />whenever the board or the office has reason to believe that there has occurred a violation of "an <br />order, permit, notice of intent, or regulation." Paragraph 7, authorizing imposition of penalties, <br />does not similarly include violations of an order, notice of intent, or regulation. It is logical that <br />the legislature would not authorize penalties for violations of an order. In this case, the Board <br />already imposed penalties for the alleged violation of a permit. Cotter is appealing these <br />penalties because the penalties are inextricably tied to the corrective action of mine dewatering, <br />which Cotter asserts is arbitrary and capricious. The legislature did not authorize the Board to <br />discourage parties from exercising their legitimate appeal rights by imposing more penalties <br />during the period of judicial review. <br />The portions of Rule 3.3.2(2)(b) that are inconsistent with the statute are invalid. <br />Administrative agencies are bound to legally comply strictly with their enabling statutes. <br />Adams v. Colorado Department of Social Services, 824 P.2d 83, 86 (Colo. Ct. App. 1991). The <br />authority to regulate does not include the authority to legislate. Id. Therefore, unless expressly <br />or impliedly authorized by statute, administrative rules and regulations are without force and <br />legal effect if they add to, change, modify, or conflict with an existing statute. Id. A regulation <br />that is inconsistent with or contrary.to a statute is void and of no effect. Miller International <br />3