Laserfiche WebLink
reproduced, the party may file such exhibit with the Division and <br /> provide the other parties with a description of such exhibit. <br /> 3. By May 16, 1991 each party shall ensure that each other <br /> party is in receipt of a copy of the following: <br /> a. A proposed order setting out proposed findings of <br /> fact, conclusions of law and the relief the party is requesting. <br /> Each party shall provide the Division with a total of nine copies <br /> of the propose order, and the Division shall promptly mail a copy <br /> of the proposed orders to the members of the Board. <br /> b. Any written brief that the party would like to have <br /> the Board consider . <br /> Any party filing a written brief shall provide the Division <br /> with nine copies of the brief, and the Division shall mail a copy <br /> to each member of the Board. <br /> c. Any rebuttal exhibits and the names of any rebuttal <br /> witnesses, together with a description of their expected testi- <br /> mony. <br /> ISSUES TO BE CONSIDERED <br /> 4 . The parties shall restrict their presentations to the <br /> issues listed below. <br /> a. Whether or not the violations cited in the Order to <br /> Show Cause Why Permit Should Not Be Suspended or Revoked ( "Show <br /> Cause Order" ) demonstrate a pattern of violations. <br /> b. Whether or not the pattern of violations, if any, <br /> was caused by an unwarranted failure to comply with the terms of <br /> the Colorado Surface Coal Mining Reclamation Act (the "Act" ) . <br /> AA141- <br /> c. Whether or not the pattern of violations, if , <br /> are caused by an unwarranted failure to comply with the provi- <br /> sions of Mid-Continent ' s permit. <br /> d. The relative legal effects of alleged violations of <br /> (1) the Act; and ( 2) the terms and provisions of the permit, and <br /> the legal standard for revocation of a permit. <br /> e. Whether or not Mid-Continent was provided with ade- <br /> quate notice of the determinations made by the Division. <br /> f. Whether or not the Division exceeded the authority <br /> delegated to it by 2 CCR §407-2, Rules 5. 03. 3 and 5 .03 .7 ( 3) and, <br /> if not, whether such regulations exceed the Board' s statutory <br /> -2- <br />