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Correspondence between Beckwith and the responsible AG took place over a period of <br /> six weeks. At the hearing, neither AG nor Division staff informed the Board of these <br /> multiple requests. Fontanari's request to be represented by counsel was ignored; Division <br /> made no attempt to accommodate the reasonable needs either of Beckwith or substitute <br /> counsel. <br /> Erbe presented facts almost identical to those here.A letter from the attorney <br /> requesting re-scheduling was ignored; the attorney pointed out a conflict in his schedule. <br /> In reversing the license revocation and that the actions of the agency were arbitrary and <br /> capricious,the court observed as follows: "...the reversible error in this case is that the <br /> Department refused even to attempt to accommodate counsel's legitimate rescheduling <br /> request to the detriment of plaintiffs substantial rights,and there is no indication in the <br /> record that rescheduling the hearing within the sixty day limit would have been <br /> impracticable or unduly burdensome". <br /> Here,Fontanari and his operation were under a full cease and desist order halting <br /> all operations, even those remote from the area of irrigation at issue.There was no threat <br /> to public safety involved in putting the administrative hearing off until the September <br /> docket, as requested by Beckwith (when alternate counsel could be present,as DRMS and <br /> its attorney were informed). <br /> There is no question that the right to counsel, in addition to being statutory,is a <br /> fundamental and substantial right. Erbe at 1098, 1099. In this case, Fontanari,a lifelong <br /> miner and senior citizen,was bulldozed by multiple documentary submittals,expert <br /> witnesses and cross examination without a chance to respond, or, through counsel,to <br /> present his own expert case, or testimony.The point to representation by counsel is to <br /> 3 <br />