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GENERAL33107
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GENERAL33107
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Last modified
8/24/2016 7:55:16 PM
Creation date
11/23/2007 7:31:23 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Date
7/2/2001
Doc Name
PETITION FOR RECONSIDERATION
Media Type
D
Archive
No
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<br /> <br />(7) Except as otherwise provided by statute, the <br />proponent of an order shall have the burden of proof, <br />and every party to the proceeding shall have the right <br />to present his case or defense by oral and <br />documentary evidence, to submit rebuttal evidence, <br />and to conduct such cross examination as may be <br />required for a full and true disclosure of the facts. Id. <br />By allowing the DMG staff to advocate on behalf of the proponent of the <br />application, without advance notice to the objecting parties of documents and <br />testimony of DMG staff, (or providing the objecting parties with the right to <br />cross examine the DMG staff at the hearing). Therefore, the board acted <br />arbitrarily, capriciously, denied the objecting parties their statutory rights, <br />acted contrary to the constitutional rights of the objecting parties, acted in <br />excess of its statutory jurisdiction, authority, purposes, and limitations, and <br />acted with abuse and clearly unwarranted exercise of discretion, and acted in a <br />manner that was unsupported by the admissible evidence on the record when <br />considered as a whole. <br />By allowing the DMG staff to make an advance recommendation with <br />numerous pages of inadmissible statements to advocate on behalf of the <br />proponent, the board demonstrated its bias and board shifted the burden from <br />the proponent of the application to the objecting parties. Therefore the board <br />arbitrarily, capriciously, denied the objecting parties their statutory rights, <br />acted contrary to the constitutional rights of the objecting parties, acted in <br />excess of its statutory jurisdiction, authority, purposes, and limitations, and <br />acted with abuse and clearly unwarranted exercise of discretion, and acted in a <br />manner that was unsupported by the admissible evidence on the record when <br />considered as a whole. <br />The board denied the parties the opportunity to make timely objections for the <br />record contrary to the provisions of C.R.S. § 24-4-105 (2001). Therefore, the <br />board acted arbitrarily, capriciously, denied the objecting parties their <br />statutory rights, acted contrary to the constitutional rights of the objecting <br />parties, acted in excess of its statutory jurisdiction, authority, purposes, and <br />limitations, acted with abuse and clearly unwarranted exercise of discretion, <br />and acted in a manner that was unsupported by the admissible evidence on <br />the record when considered as a whole. <br />There is no evidence in the record to support the board's findings that the <br />objecting parties did or failed to do anything that would justify the board <br />denying subpoenas. The statements of The board's "finding" that Mr. Preston <br />and Mr. Wuchert presented their motion for subpoenas to the pre-hearing <br />2 <br />
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