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REV97205
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REV97205
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Entry Properties
Last modified
8/25/2016 3:21:38 AM
Creation date
11/22/2007 12:07:18 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981039
IBM Index Class Name
Revision
Doc Date
5/1/1990
Doc Name
Time extesion for receipt of Renewal application
From
COLORADO DEPT OF LAW
To
MICHAEL LONG
Type & Sequence
RN1
Media Type
D
Archive
No
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Duane Woodard <br />Attorney General <br />Charles B. Howe <br />Chief Deputy Attorney General <br />Richard H. Forman <br />Solicitor General <br />°c co °~ <br />~~ <br />!e 90 <br />y1 \ O <br />{ J8 T6 <br />III IIIIIIIIIIIII III <br />~12r ~#ax#r r<1f C~nlnrtt~n <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />April 30, 1990 <br />STATE SERVICES BUILDING <br />1525 Sherman Street <br />~~~t~® <br />~1111Y 0 1 1990 <br />RECLAF•t'.'ra*~I r?Pfnor `^1 <br />M E M O R A N D U M <br />TO: Michael Long <br />FROM: Frank Johnso <br />RE: Grassy Gap <br />You have asked my opinion on the effect of the failure of an <br />operator to make a timely application for the renewal of a <br />permit. This memorandum contains the opinion of the authoring <br />attorney only and should not be construed as an official opinion <br />of the Attorney General. <br />The issue presented is whether an operator must cease operations <br />upon the expiration of the permit term if the operator fails to <br />submit a renewal application at least one hundred eighty days <br />prior to the expiration date of the permit. Although the Act <br />nowhere expressly states that an applicant must cease operations <br />upon expiration of the permit, it is clear that that is the <br />intent of the Act. To read the Act any other way would render <br />meaningless the exception provided for by § 34-33-109(7)(f) <br />C.R.S. (1984) for operators that do submit their applications for <br />renewal on a timely basis. <br />You also indicated that, in this case, the Division did not <br />notify the operator of the need to renew the permit until 60, <br />rather than 90, days before the final date for permit renewal. <br />Arguably such delay by the Division extends the time to apply for <br />renewal, and the expiration date of the permit, by 30 days. How- <br />ever, I see no grounds for arguing for any further extension of <br />the time for permit renewal. Accordingly, in order to come under <br />the exception set out in § 39-33-109(7)(E), the operator must <br />submit its application for renewal within 90 days of the receipt <br />of notice from the Division. <br />AG Alpha No. LW NR YNR <br />AG File No. EWA9000161 <br />
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