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~\ <br />KEN s.v-AZAR STATE OF COLORADO <br />Attorney General <br />DONALD S. QutcK DEPARTMENT OF LAW <br />Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL <br />ALAN J. GILBERT <br />Solicitor General <br />January 16, 2004 <br />TRANSMITTED VIA FACSIMILE <br />AND U.S. MAIL <br />- Thomas F. Smith, Esq. <br />Austin, Peirce & Smith, P.C. <br />600 E. Hopkins Avenue <br />Suite 205 <br />Aspen, CO 81611 <br />Susan L. McIntosh, Esq. <br />Susan L. McIntosh, P.C. <br />Post Office Box 1019 <br />Ouray, CO 81427 <br />RE: Haldorson and Sons, File No. M-2003-037 <br />Dear Mr. Smith and Ms. McIntosh: <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 80203 <br />Phone 303) 866-4500 <br />FAX 303)) 866-5691 <br />On January 2, 2004, this office received a Petition for Reconsideration <br />("Petition") from Haldorson and Sons ("Petitioner") concerning the above-referenced matter. On <br />January 12, 2004, this office received a letter from Ms. McIntosh indicating that she intended to <br />respond to the Petition on behalf of her client. This letter sets forth my understanding of the <br />appropriate procedure for the Board to pursue in considering the Petition. <br />The rules for reconsideration of Board decisions are set forth in Construction <br />Materials Rule 2.9. The threshold inquiry in considering a petition is as follows: <br />Such petitions must set forth a clear and thorough explanation of <br />the grounds justifying reconsideration, including but not limited to <br />new and relevant facts that were not known at the time of the <br />heazing and the explanation why such facts were not known at the <br />time of the hearing. <br />Construction Materials Rule 2.9.1(2). <br />