2011-01-07_ENFORCEMENT - M1977300

• Permit No: M1977300
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/7/2011
• Doc Name: SUMMONS
• From: Holme Roberts & Owen LLP
• To: MLRB
• Email Name: DB2
• Email Name: AJW
• Email Name: DAB
• Media Type: D
• Archive: No

contrary to the plain language of the Board's authorizing statute and are therefore void and
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F. Declaring that, to the extent the Board's regulations, particularly Rule 3.3.2 of
2 Colo. Code Regs. 407-1, can be construed as permitting the Board to assess civil penalties
against a party for failure to comply with an order of the Board while lawfully appealing that
same order, those regulations are contrary to the plain language of the Board's authorizing
statute and are therefore void and without effect;
G. Declaring that, to the extent the Board's regulations, particularly Rule 3.3.2 of
2 Colo. Code Regs. 407-1, can be construed as permitting the Board to assess civil penalties
against a party for failing to comply with an order of the Board while the party is lawfully
appealing that same order, the Board's regulations deprive the party of the benefit of effective
judicial review under C.R.S. § 24-4-106 and thereby deprive the party of its due process rights
under both the United States Constitution and the Colorado State Constitution to a full and fair
hearing and subsequent judicial review, and are therefore void and without effect;
H. Enjoining, preliminarily and finally, the Division and Board from commencing
any new enforcement proceedings for alleged violations of prior Board orders relying on the
procedure of Rule 3.3.2 of 2 Colo. Code Regs. 407-1;
1. Issuing all necessary and appropriate process to postpone the effective date of the
Board's December 2010 Order, or otherwise to preserve the rights of the parties pending
conclusion of this Court's review process.
Granting such other relief as this Court deems just and proper.
Dated this 7th day of January 2011.
HOLME ROBERTS & OWEN LLP
s/Charlotte L. Neitzel
Charlotte L. Neitzel (Colo. Atty. Reg. 10994)
Robert Tuchman (Colo. Atty. Reg. 13507)
Stephen D. Rynerson (Colo. Atty. Reg. 34825)
1700 Lincoln Street, Suite 4100
Denver, Colorado 80203-4541
Telephone: [phone]
Facsimile: [phone]
Attorneys for Cotter Corporation (N.S.L.)
Plaintiff's Address:
7800 E. Dorado Place, Suite 210
Englewood, Colorado 80111.
* Document was filed electronically. See C. R. C. P. 121, ,¢1-26 Original document in file.
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