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submit written position statements in support of their appeals. The Defendants further <br />affirmatively state the Director acted within his discretion under § 24- 50- 104(4)(d)(II), 7 <br />C.R.S. (1997) to deny requests for oral statements. <br />5. The Defendants admit the allegations of paragraph 5. <br />6. The Defendants admit that all but two of the Plaintiff employees' <br />salaries were reduced by five pay grades or 12 %. The Defendants affirmatively state that the <br />Phy. Sci. Res. /Scientist IV classification was reduced by three pay grades or 7.5% and that <br />Plaintiffs John Van Sciver and George Van Slyke are in that classification. <br />7. The Defendants deny the allegations of paragraph 7. <br />8. The Defendants deny the allegations of paragraph 8. <br />AFFIRMATIVE DEFENSES <br />I. <br />The Plaintiffs fail to state a claim upon which relief may be granted. <br />II. <br />All actions and decisions of the Defendants were not arbitrary or capricious, were not <br />an abuse of their discretion, were not in excess of their statutory authority, and are supported <br />by substantial evidence in the record. <br />III. <br />All actions and decisions of the Defendants were taken in compliance with all <br />applicable laws. <br />IV. <br />All actions taken by the Defendants are clothed with the presumption of administrative <br />regularity and constitutionality. <br />7 <br />