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GENERAL46384
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GENERAL46384
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Last modified
8/24/2016 8:19:28 PM
Creation date
11/23/2007 2:36:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Name
Boards Answer to Boyton et al v. MLRB
From
AGO
To
MLRB & DMG
Media Type
D
Archive
No
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III. The Prebearing Order Was Prepared In Substantial Compliance <br />With Board Rules. <br />Marilyn Boynton argues that the Board's prehearing conference officer adjudicated issues <br />she raised in her objection letter, and did so without recording the proceeding. She argues that <br />the Board erred by somehow authorizing the prehearing conference officer to decide issues. <br />The Boazd appointed W.T. Cohan, a former Board member, to conduct the conference in <br />this case. Vol. 3, p. 834. He met with the parties in Durango, Colorado on May 15, 2001 to <br />conduct a prehearing conference, and prepare a proposed prehearing order as a result of that <br />conference. Id. At the commencement of the hearing, the Board considered whether to adopt <br />the draft prehearing order, and then adopted the order. Vol. 3, pp. 1018-1021. <br />No Plaintiff objected to the proposed order at the time the Board considered adopting it. <br />If any or all Plaintiffs questioned the order because they had not received it until the day of the <br />hearing, or because they questioned its content, then,they had a duty to raise the objection at the <br />time the Boazd considered the order. Since no party objected to the order at that time, they have <br />waived their objections and may not raise them for the first time on appeal. Committee for Better <br />Health Care for All Colorado Citizens by Schrier v. Meyer, 830 P.2d 884, 888. (Colo. 1992) <br />(Court may consider only issues that have actually been determined by another court or agency <br />and have been propeily presented.); See also, Boyett v, Smith, 888 P.2d 294 (Colo. App. 1994) <br />(Contentions not raised in the trial court will not be addressed for the first time on appeal.) <br />Even if a Plaintiffhad objected to the time limit or the issues list, it would not have <br />affected the case. The Board may have amended the order to give them more time. Since they <br />did not use the time they were allotted anyway, this is irrelevant. Vol. 3, p. 1280. If they had <br />
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