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2011-08-11_ENFORCEMENT - M1977300
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2011-08-11_ENFORCEMENT - M1977300
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Entry Properties
Last modified
8/24/2016 4:36:47 PM
Creation date
10/17/2011 12:01:17 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977300
IBM Index Class Name
Enforcement
Doc Date
8/11/2011
Doc Name
Joint Answer Brief
From
MLRB and DRMS
To
District Court
Email Name
DB2
Media Type
D
Archive
No
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not the reviewing court, to weigh the evidence and determine the credibility of witnesses. See <br />McClellan 900 P.2d at 34 (quoting Board of Assessment Appeals v. Colorado Arlberg Club, 762 <br />P.2d 146,151 (Colo. 1988)). <br />II. The Board's Decision to Issue a Cease and Desist Order has a Reasonable Basis in <br />Law and is Warranted by the Record. <br />A) The Board reasonably interpreted the Act. <br />The Board may issue a cease and desist order whenever it finds that a violation of the Act <br />exists. The Act provides that the Board may issue a cease and desist order whenever it <br />"determines that there exists any violation of any provisions of this article or of any notice, <br />permit, or regulation issued or promulgated under the authority of this article ..." C.R.S. § 34- <br />32- 124(2) (2010). The Board's analysis in this case was simple. The Board reviewed the <br />August Order, which identified several ongoing violations of the Act and prescribed corrective <br />actions to remedy those violations. Cotter testified that it did not comply with two of the <br />corrective actions. R:0252. ll. 12 -17. Therefore, the Board reasoned that continuing violations <br />of the Act existed at the time of the November Hearing, and reasonably concluded that it could <br />issue a cease and desist order to stop those violations. <br />Cotter's arguments require the Court to interpret C.R.S. § 34 -32 -124 (hereinafter "section <br />124 "). When interpreting a statute, a court's primary task is to give effect to the intent of the <br />General Assembly. Henisse v. First Transit, Inc. 247 P.3d 577, 579 (Colo. 2011). The first step <br />in a court's inquiry into legislative intent is an examination of the statute's plain language. <br />Boulder Cty. Bd. of Comm'rs v. Healthsouth Corp., 246 P.3d 948, 951 (Colo. 2011). Courts do <br />not consider statutory language in isolation, but consider the context of the terms at issue and <br />construe them consistently with other terms in the statutory framework. See Id. Courts give effect <br />11 <br />
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