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provide"a meaningful chance for a fair hearing". The August 21,2019 hearing was unfair, <br /> one-sided,and fully deprived Fontanari of his fundamental rights: to be represented by <br /> counsel of his choice,and to present a defense case through documents, lay witnesses and <br /> expert witnesses,including the right of cross examination. <br /> Not only did DBMS fail to inform the Board of the three requests to be <br /> represented,or,that Fontanari had located substitute counsel,but,DRMS,which sets <br /> the agenda,made no reasonable accommodation to allow Fontanari's counsel to be <br /> present. It is much easier to present an expert and lay case when the other side is not <br /> present to present a defense in a fair hearing. <br /> B. THE STRIKING OF ADMINISTRATIVE PLEADINGS IS CONSIDERED <br /> A"DRASTIC SANCTION"RESERVED ONLY FOR THE MOST <br /> OUTRAGEOUS CASES WHERE A PARTY ACTS DELIBERATELY OR <br /> WITH REBELLIOUS DISREGARD FOR AUTHORITY AND IN WHICH <br /> SUCH ACTIONS RESULT IN PREJUDICE TO THE OTHER PARTY" <br /> Normally,the striking of pleadings in an administrative matter"should be reserved for <br /> only the most flagrant of cases in which a party acts deliberately,with rebellious disregard for <br /> authority, or with gross negligence and in which such actions result in prejudice to the other <br /> party. "Weiss v Dept.of Public Safety, 847 P.2d 197 (Colo. App. 1992). In Weiss,the attorney <br /> for the Colorado State Patrol had failed to file a court-required pre-trial statement and had not <br /> timely notified the hearing officer of his illness,which prevented a timely filing. There, the <br /> hearing officer rescinded CSP's disciplinary action previously imposed. A motion to reconsider <br /> was summarily denied. The hearing officer was upheld by a full panel of the Board but that <br /> decision was reversed on appeal. <br /> In general, administrative bodies look to the general rules established in the Colorado <br /> Rules of Civil Procedure in determining procedures, including the introduction of evidence,the <br /> 4 <br />