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1977-04-07_ENFORCEMENT - M1978352
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1977-04-07_ENFORCEMENT - M1978352
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Last modified
8/11/2022 2:33:34 PM
Creation date
11/21/2007 12:31:30 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978352
IBM Index Class Name
Enforcement
Doc Date
4/7/1977
Doc Name
JUDGMENT AFFIRMED 76-423
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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. i <br /> Dixon asserts that the proceedings ware fatally defective <br /> in several respects . <br /> With regard to his first contention, that the Board <br /> failed to comply with notice requirements, we observe that these <br /> proceedings are controlled by the State Administrative Procedure <br /> Act (A.P.A.) , § 24-4-101 et seq., C.R.S. 1973. See qenerallv <br /> Silverstein & Ruland, Preparation of The Appeal From an Administra- <br /> tive De=ision, The Colorado Lawyer, P. 2305 (December 1975) . The <br /> pertinent portion of the A.P.A. is § 24-4-104 (3) , C.R.S. 1973, <br /> which provides : <br /> "No revocation of a license by any agency <br /> shall be lawful unless, before institution of <br /> agency proceedings therefor, the agency has given <br /> the licensee notice in writing of facts or conduct <br /> that may warrant such action, afforded the licensee <br /> opportunity to submit written data, views, and argu- <br /> ients with respect to such facts or conduct, and, <br /> except in cases of deliberate and willful violation, <br /> given the licensee a reasonable opportunity to comply <br /> with all lawful requirements." <br /> Dixon argues that he was entitled to two notices, one <br /> that proceedings against him had been initiated, as well as a <br /> separate notice of the hearing itself. We conclude that neither <br /> due process considerations nor the statute require double notice. <br /> Dixon was a-fforded both notice and an opportunity to be <br /> heard. The notice of hearing explicitly detailed the charges which <br /> had been made against him and apprised him of his right to present <br /> evidenca in his own behalf. A full hearing was had at the administra- <br /> tive level. Due process requires no more. Bell V. Burson, 402 <br /> U.S . 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971) ., <br /> The statutory mandates of § 24-4-104 (3) , C.R.S . 1973, <br /> also were complied with. The notice of hearing served the dual <br /> purpose of informing Dixon of the hearing date and giving him written <br /> notice of the facts or conduct warranting the Board 's action, as well as <br /> -3- <br />
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