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statements are cited by Division at several points in the transcript, essentially making him <br /> a witness for the Division(See, Transcript at p. 17, and Index under"Beckwith"), with no <br /> mention that he was functioning as the permittee's attorney. <br /> 16.At the hearing, Grosse also requested the right to have an attorney present (Transcript at <br /> p. 111, lines 6-17), and named the statute (already cited by Beckwith to Schultz, but <br /> being unable to provide a citation) to the Board's attorney (Transcript at p. 111, lines 10- <br /> 17 ). Mr. Schultz, representing Division, already had the citation, from Beckwith, but did <br /> not volunteer it. <br /> 17. Mr. Fontanari, when asked by Mr. Schultz whether "a corporation was involved", or <br /> whether he was a sole proprietor, replied "I am not the sole provider [proprietor]" <br /> (Transcript at p. 111, lines 18-24). No one apparently heard him, and Board Member <br /> Luke closed the testimony. Western Slope Flagstone, LLC is a Colorado limited liability <br /> company in good standing (Exhibit Q. The status of Western Slope Flagstone, LLC is <br /> unclear from the hearing record, other than Fontanari's statement that he is President. <br /> 18. The procedure, including failure to allow representation by counsel, was fundamentally <br /> unfair to Western Slope and Fontanari, and a violation of their civil and due process <br /> rights. Beckwith had specifically requested the right to have counsel present, and had <br /> specifically inquired of Mr. Schultz as to what civil penalties were being requested <br /> (Exhibit A at 6)Fontanari has been unable to locate any response. <br /> 19. Colorado statute is generally prohibitory of the representation of closely held entities <br /> before administrative agencies where the amount at issue is in excess of $15,000 <br /> exclusive of certain items, and the officer presents the agency satisfactory evidence of <br /> 5 <br />