(1)(a) An operator issued any notice of
violation or cessation order pursuant to the provisions of section 34-33-123 or any
person having an interest which is or may be adversely affected by such notice or
order or by any modification, vacation, or termination of such notice or order may
request review thereof by the board within ninety days after the issuance of the
notice or order or within ninety days after its modification, vacation, or termination.
Such request for review may include a request for a hearing to enable the operator
or such person to present information relating to the issuance and continuance of
such notice or order or the modification, vacation, or termination thereof. Upon
receipt of such request for a hearing, the hearing shall be held and, prior to such
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(1) (a) An operator issued any notice of
violation or cessation order pursuant to the provisions of section 34-33-123 or any
person having an interest which is or may be adversely affected by such notice or
order or by any modification, vacation, or termination of such notice or order may
request review thereof by the board within ninety days after the issuance of the
notice or order or within ninety days after its modification, vacation, or termination.
Such request for review may include a request for a hearing to enable the operator
or such person to present information relating to the issuance and continuance of
such notice or order or the modification, vacation, or termination thereof. Upon
receipt of such request for a hearing, the hearing shall be held and, prior to such
hearing, the board shall cause an investigation to be made as it deems appropriate.
The filing of a request for review under this paragraph (a) shall not operate as a stay
of any order or notice.
(b) The operator, any other persons requesting a hearing, and all other
persons expressing an interest shall be given written notice of the time and place of
any hearing requested under this section at least five days prior to such hearing.
Notice of such hearings shall also be included in the monthly mailings of the
division. Any such hearing shall be of record and shall be subject to the State
Administrative Procedure Act, article 4 of title 24, C.R.S.
(2) Upon receiving the report of any investigation and after any public
hearing under paragraph (b) of subsection (1) of this section, the board shall make
findings of fact and shall issue a written decision, incorporating therein its findings
and an order vacating, affirming, modifying, or terminating the notice of violation or
cessation order or the modification, vacation, or termination of such notice or order
reviewed. Where the request for review concerns an order for cessation of surface
coal mining and reclamation operations issued pursuant to section 34-33-123, the
board shall issue a written decision within thirty days of the receipt of the request
for review unless temporary relief has been granted by the board pursuant to
subsection (3) of this section, by the office pursuant to section 34-33-123 (6), or by
the court pursuant to section 34-33-128 (3).
(3) Pending completion of the investigation and hearing under this section,
the operator or any other party may file with the board a written request that the
board grant temporary relief from any notice or order, together with a detailed
statement giving reasons for granting such relief. The board shall issue an order or
decision granting or denying such relief expeditiously; except that, where the
operator requests relief from an order for cessation of surface coal mining and
reclamation operations issued pursuant to section 34-33-123, the order or decision
on such a request shall be issued within five days of its receipt. The board may
grant such relief under such conditions as it may prescribe if:
(a) An informal hearing has been held in the locality of the permit area on the
request for temporary relief in which all parties were given an opportunity to be
heard;
(b) The party requesting temporary relief shows that there is substantial
likelihood that the findings of the board will be favorable to him; and
(c) Such relief will not adversely affect the health or safety of the public or
cause significant imminent environmental harm to land, air, or water resources.
(4) Following the issuance of an order to show cause as to why a permit
should not be suspended or revoked pursuant to section 34-33-123 (7), the board
shall hold a public hearing after giving written notice of the time, place, and date
thereof to the permittee. Advance notice of such hearing shall be included in the
monthly mailings of the office. Any such hearing shall be of record and shall be
subject to the State Administrative Procedure Act, article 4 of title 24, C.R.S.
Within sixty days following the public hearing, the board shall issue and furnish to
the permittee and all other parties to the hearing a written decision, and the
reasons therefor, concerning suspension or revocation of the permit. If the board
suspends or revokes the permit, the permittee shall immediately cease those
surface coal mining operations on the permit area as specified by the board and
shall complete reclamation within a period specified by the board, or the board
shall declare the performance bonds for the operation as forfeited. Proceeds of
forfeited bonds shall be available to the office and shall be used by the office for
reclamation of the area covered by the bond.
(5) Whenever an order is issued under this section or as a result of any
administrative proceeding under this article, at the request of any party to such
proceeding, a sum equal to the aggregate amount of all costs and expenses
(including attorney fees) which the board determines to have been reasonably
incurred by such party for or in connection with his participation in such
proceedings may be assessed against any party to the proceedings, as the board
deems just and proper.