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bond increase, or the calculations underlying it, with no opportunity to present contrary <br /> evidence through expert or lay testimony. <br /> 11. Western Slope and Fontanari were confronted with purported and actual expert testimony <br /> concerning geology, geo-hydrology, soils chemistry, hydrology and slope failure. <br /> 12. Fontanari himself was subjected to a long cross-examination by Attorney Schultz for the <br /> Division. (Transcript at pp. 52-80.) <br /> 13. Fontanari is and was unfamiliar with administrative procedure and the laws of evidence <br /> and was incapable of presenting expert testimony or presenting testimony from other <br /> witnesses, and, in cross-examining witnesses and experts. The right to examine and cross <br /> examine, and to register objections to evidence, are provided for in the Administrative <br /> Procedures Act and Hard Rock Rules; the Rules of Evidence of the District Courts are <br /> intended to govern proceedings, subject to the somewhat discretionary standards <br /> established in the Hard Rock Rules. Fontanari and Grosse are not skilled legal <br /> professionals, and have no familiarity with these concepts, rules and procedures. Grosse <br /> was no equipped or capable of making evidentiary objections or objecting to questions <br /> posed by Mr. Schultz to Mr. Fontanari. His expertise is computers, and being a good son- <br /> in-law, not legal proceedings. <br /> 14. No mention was made by Division or the responsible Assistant Attorney General of the <br /> lengthy correspondence with Beckwith; that Beckwith could not be present; that Western <br /> Slope Flagstone and Fontanari were requesting legal representation, or that Beckwith had <br /> successfully located an attorney able to appear at the September Board meeting. <br /> 15. At the hearing, references to Mr. Beckwith, who appeared at the permit site, was referred <br /> to as an "associate" or Mr. Fontanari's (Transcript at 17, lines 14-24). Mr. Beckwith's <br /> 4 <br />