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91. This Court should therefore enjoin the Board and Division from pursuing further <br />pracccdings and actions «t?u IISt Cotter based oi, ti?eir iiiL Lpictatioi;s of C.R.S. § 34-32-124 <br />Rule 3.3.2 of 2 Colo. Code Regs. 407-1, as set forth above, until this Court has resolved the <br />validity and constitutionality of those interpretations and the Rule. This request for injunctive <br />relief is separate and distinct from the Court's authority to postpone the effective date of the <br />December 2010 Order pursuant to C.R.S. § 24-4-106(5). <br />92. If the Board and Division are not so enjoined, Cotter will suffer irreparable injury. <br />FIFTH CLAIM FOR RELIEF <br />(Injunctive Relief Pursuant to C.R.C.P. 65) <br />(Against all Defendants) <br />93. Cotter incorporates by reference all preceding paragraphs of this Complaint. <br />94. C.R.C.P. 65 authorizes this Court to enjoin the Board and Division proceedings <br />and actions described in paragraph 93, above. <br />95. Pursuant to C.R.C.P. 65, this Court should enjoin the Board and Division from <br />pursuing further proceedings and actions against Cotter based on their interpretations of C.R.S. <br />§ 34-32-124 and Rule 3.3.2 of 2 Colo. Code Regs. 407-1, as set forth above, until this Court has <br />resolved the validity and constitutionality of those interpretations and the Rule. This request for <br />injunctive relief is separate and distinct from the Court's authority to postpone the effective date <br />of the December 2010 Order pursuant to C.R.S. § 24-4-106(5). <br />WHEREFORE, Plaintiff Cotter Corporation (N.S.L.) respectfully prays for this Court's <br />judgment: <br />A. Granting judicial review of the Board's December 2010 Order; <br />B. Holding unlawful and setting aside the Board's December 2010 Order and <br />restraining the enforcement of such order; <br />C. Declaring the Board's December 2010 Order to be null and void and of no effect; <br />D. Declaring that Cotter is entitled to a new hearing before the Board on the matters <br />raised in the September 2010 Notice wherein Cotter may make a full presentation of its relevant <br />evidence or, in the alternative, a determination that no hearing is required if the Court determines <br />that the Board lacked the power to conduct the enforcement proceeding initiated by the <br />September 2010 Notice; <br />E. Declaring that, to the extent the Board's regulations, particularly Rule 3.3.2 of <br />2 Colo. Code Regs. 407-1, can be construed as permitting the Board to assess civil penalties <br />against a party for failing to comply with a prior order of the Board, those regulations are <br />15