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2013-03-22_REVISION - C1981008 (2)
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2013-03-22_REVISION - C1981008 (2)
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Entry Properties
Last modified
8/24/2016 5:18:46 PM
Creation date
2/20/2014 7:54:23 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
Revision
Doc Date
3/22/2013
Doc Name
Joint Answer Brief of Defendents Colorado Mined Land Reclamation Board & DRMS 2010 CV548
From
DRMS
To
District Court, Montrose County Colorado
Type & Sequence
PR6
Email Name
DAB
Media Type
D
Archive
No
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833 P.2d 864 (Colo. App. 1992). The party challenging an administrative agency's action bears <br />the burden of overcoming the presumption that the agency's acts were proper. § 24 -4- 105(7); <br />Lieb v. Trimble, 183 P.3d 702 (Colo. App. 2008). <br />On appeal, the Court must examine the record in the light most favorable to the agency <br />decision. § 24- 4- 106(7); Lawley v. Dept of Higher Educ., 36 P.3d 1239, 1252 (Colo. 2001). In <br />reviewing an administrative board's decisions, the Colorado Supreme Court has "emphasized <br />two key principles: (1) that all reasonable doubts as to the correctness of the administrative <br />body's ruling must be resolved in its favor; and (2) that, unless an abuse of discretion is shown, <br />the administrative determination will not be disturbed." Id. at 1252. <br />The Board, not the reviewing court, is the trier of fact. Bodaghi v. Dept of Natural Res., <br />995 P.2d 288, 303 (Colo. 2000); Colo. Ethics Watch v. City & County of Broomfield, 203 P.3d <br />623, 626 (Colo. App. 2009). Weighing the evidence and resolving any conflicts, and the <br />credibility of witnesses and the weight to be accorded their testimony are within the agency's <br />province. Id. Where the record supports the agency's findings a reviewing court may not <br />reweigh evidence received by an agency, but must defer to the agency's findings and <br />determinations. See, e.g., Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo. App. <br />1995). A reviewing court may not substitute its own judgment for that of the agency, even when <br />evidence is conflicting. Bodaghi, 995 P.2d at 303; Bd. of Assessment Appeals v. Colorado <br />Arlberg Club, 762 P.2d 146, 151 (Colo. 1988); Colo. Ethics Watch, 203 P.3d at 626. The issue is <br />the rationality of the decision - making process, not the decision itself. Colo. Envtl. Coal. v. <br />Salazar, 875 F. Supp. 2d 1233, 1244 (D. Colo. 2012). Where an agency's exercise of discretion <br />is truly informed, the agency is entitled to a great deal of deference. Id. <br />11 <br />
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