(1)If an
informal conference has been held pursuant to section 34-33-118 (6), any party
thereto may submit additional information or comments to the office for a period of
twenty days following the conference. The office shall issue a proposed decision,
granting or denying the permit in whole or in part, no earlier than twenty days and
no later than sixty days after the informal conference. The office may, for good
cause shown, extend the time for the proposed decision up to an additional sixty
days if the application is unusually complex or controversial or if significant snow
cover prevents adequate on-site inspection.
(2)If there has been no informal conference pursuant to section 34-33-118
(6), the office shall issue a proposed decision, granting or denying the permit in
w
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(1) If an
informal conference has been held pursuant to section 34-33-118 (6), any party
thereto may submit additional information or comments to the office for a period of
twenty days following the conference. The office shall issue a proposed decision,
granting or denying the permit in whole or in part, no earlier than twenty days and
no later than sixty days after the informal conference. The office may, for good
cause shown, extend the time for the proposed decision up to an additional sixty
days if the application is unusually complex or controversial or if significant snow
cover prevents adequate on-site inspection.
(2) If there has been no informal conference pursuant to section 34-33-118
(6), the office shall issue a proposed decision, granting or denying the permit in
whole or in part, within one hundred twenty days of the filing of the application. The
office may, for good cause shown, extend the time for the proposed decision up to
an additional sixty days if the application is unusually complex or controversial or if
significant snow cover prevents adequate on-site inspection.
(3) The proposed decision of the office under subsection (1) or (2) of this
section shall be in writing, and a copy thereof shall be furnished to the applicant
and all persons who have objected to or submitted comments on the application. If
the proposed decision is to deny the application in whole or in part, the office shall
set forth specific reasons for the proposed decision. If the proposed decision is to
grant the application in whole or in part or with modifications or stipulations, the
modifications and stipulations and reasons for the decision shall accompany the
notice of proposed decision.
(4) The office shall publish notice of the proposed decision in a newspaper of
general circulation in the locality of the surface coal mining operations once a week
for two weeks following issuance of the proposed decision. Any person with an
interest which may be adversely affected by the proposed decision may request a
formal hearing before the board on the proposed decision. Such request must be
made within thirty days of first publication of the proposed decision of the division,
be in writing, and state with reasonable specificity the reasons for the request and
the objections to the proposed decision.
(5) If a formal hearing is requested, the board shall hold such hearing in an
appropriate location no later than thirty days after said request and shall notify the
applicant and any person requesting said hearing of the date, time, and location of
said hearing. The board shall also publish notice of the proposed hearing in a
newspaper of general circulation in the locality of the hearing. The hearing shall be
conducted pursuant to section 24-4-105, C.R.S., and shall be adjudicatory in nature.
No person who presided at a conference under section 34-33-118 (6) shall either
preside at the hearing or participate in the decision thereon in any administrative
appeal therefrom. The board may render its decision at the close of the hearing and
must, in any event, render a decision within thirty days after the hearing. The board
shall issue and furnish the applicant and all persons who participated in the hearing
with a copy of the written decision, reversing, affirming, or modifying the proposed
decision of the office, and stating the reasons therefor. The decision of the board
shall be implemented by the office within five days after the written decision of the
board.
(6) If no formal hearing is requested pursuant to subsection (4) of this
section, the office shall issue and implement the proposed decision as final within
five days after the close of the thirty-day period provided by subsection (4) of this
section for filing a request for a formal hearing.
(7) When a formal hearing is requested pursuant to subsection (4) of this
section, the board may grant such temporary relief as it deems appropriate pending
final determination of the proceedings if:
(a) All parties to the proceedings have been notified and given an
opportunity to be heard on a request for temporary relief;
(b) The person requesting such relief shows that there is a substantial
likelihood that he will prevail on the merits in the final determination of the
proceeding; and
(c) Such relief will not adversely affect the public health or safety or cause
significant imminent environmental harm to land, air, or water resources.
(8) For the purpose of such hearing, the board may administer oaths,
subpoena witnesses or written or printed materials, compel attendance of the
witnesses or production of the materials, and take evidence including, but not
limited to, site inspections of the land to be affected and other surface coal mining
operations carried on by the applicant in the general vicinity of the proposed
operation. A verbatim record of each formal hearing required by this section shall
be made, and a transcript shall be made available on request to any party or by
order of the board.
(9) If any applicant or any person with an interest which is or may be
adversely affected who has participated in the administrative proceedings as an
objector is aggrieved by the decision of the board or if the office fails to act within
the time limits specified in this article, such applicant or person shall have the right
to appeal in accordance with section 34-33-128.