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<br /> <br />Interpretations continued pane 3 <br />ISSUE #5 <br /> <br />It is a violation of an applicant's right to due process <br />for one state agency to hold him in compliance with <br />arbitrary and discretionary standards while other <br />applicants to the same or other agencies are excused from <br />these standards by discretion. <br />(Issue #1) <br />(The state legislature did not give the Colorado <br />historical society, or any other state agency, statutory <br />authority to "review" agency actions on properties that are <br />not state owned and are not listed in the State Register.) <br />The duties and the limitations of the "Society" are <br />specified in the Register of Historic Places Act (CRS <br />24-80.1-108(3) and 102(11): (Emphasis Added) <br />"...The society shall assist the agencies in evaluating <br />STATE OWNED PROPERTIES and in reviewing activities, <br />programs, projects, undertakings, and all other agency <br />actions for adequacy in addressing the preservation of <br />PROPERTIES IN THE STATE REGISTER. <br />and <br />108(3) above limits the society's job description to <br />"...assist the agencies in evaluating state owned <br />properties...." <br />"...reviewing ...agency actions for adequacy in <br />addressing the preservation of PROPERTIES IN THE STATE <br />REGISTER <br />By definition: (24-80.1-102) <br />(11) "Review" means the examination of information <br />related to agency actions in order to assess the EFFECT of <br />such actions on PROPERTIES LISTED IN THE STATE REGISTER. <br />Clearly, under the provisions of CRS 24-80.1-108 (3) <br />and definition 102(11), the historical society's duties are <br />limited to state owned land and to reviewing properties listed <br />in the state register. Neither the Society nor the Agency <br />have statutory authority to review properties that are not <br />listed in the state register or properties that are privately <br />owned. <br />