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74. Therefore, Cotter seeks an order from this Court for all necessary and appropriate <br />pioceL?s to posiponc tiie effective, care of Lire December 2010 Order or to preserve the rights of <br />the parties pending conclusion of these review proceedings. <br />75. If this Court does not issue such process, as set forth above, Cotter will suffer <br />irreparable injury. <br />THIRD CLAIM FOR RELIEF <br />(Declaratory Relief Pursuant to C.R.S. § 13-51-106 and C.R.C.P. 57) <br />(Against all Defendants) <br />76. Cotter incorporates by reference all preceding paragraphs of this Complaint. <br />77. The Uniform Declaratory Judgments Law, C.R.S. § 13-51-101 to -115, and <br />C.R.C.P. 57, provide that any person whose rights, status, or other legal relations are affected by <br />a statute or contract may seek a judicial determination of its rights or status under that statute or <br />contract. <br />78. Cotter is entitled to a declaratory judgment pursuant to the Uniform Declaratory <br />Judgments Law and C.R.C.P. 57 for the purpose of terminating an existing legal controversy <br />which has arisen between Cotter and the Board regarding the application of the Board's <br />regulations and the Colorado Administrative Procedure Act to the enforcement proceedings <br />concerning In The Matter of Cotter Corporation's Possible Violations, Cease and Desist Order, <br />Corrective Actions, and Civil Penalties, File No. M-1977-300, Notice of Violation No. <br />MV-2010-030. <br />79. Specifically, Cotter is entitled to a declaration that, to the extent the Board's <br />regulations, particularly Rule 3.3.2 of 2 Colo. Code Regs. 407-1, can be construed as permitting <br />the Board to issue cease and desist orders or to assess civil penalties against a party for failing to <br />comply with a prior order of the Board, those regulations are contrary to the plain language of <br />the Board's authorizing statute and are therefore void and without effect. <br />80. Cotter is further entitled to a declaration that, to the extent the Board's <br />regulations, particularly Rule 3.3.2 of 2 Colo. Code Regs. 407-1, can be construed as permitting <br />the Board to assess civil penalties against a party for failing to comply with an order of the Board <br />while lawfully appealing that same order, those regulations are contrary to the plain language of <br />the Board's authorizing statute and are therefore void and without effect. <br />81. Cotter is further entitled to a declaration that, to the extent the Board's <br />regulations, particularly Rule 3.3.2 of 2 Colo. Code Regs. 407-1, can be construed as permitting <br />the Board to assess civil penalties against a party for failing to comply with an order of the Board <br />while the party is lawfully appealing that same order, the Board's regulations deprive the party of <br />the benefit of effective judicial review under C.R.S. § 24-4-106 and thereby deprive the party of <br />its due process rights under both the United States Constitution and the Colorado State <br />Constitution to a full and fair hearing and subsequent judicial review. <br />13