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GENERAL46384
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GENERAL46384
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Entry Properties
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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authorizes the Boazd to regulate the course of its hearings. It cannot be reasonably disputed that <br />the Board has the power to revise its own procedural orders dozing the course of the hearing. <br />The Board's decision to afford the Division more time than it originally reserved for rebuttal is <br />within the Board's discretion. <br />VI. There Is No Evidence To Support The Allegation That The Board <br />Was Impermissibly Biased. <br />Throughout their azguments, Plaintiffs attempt to pornay the Board as biased in favor of <br />Four States. They believed they had the burden of proof at the hearing, and therefore the Board <br />erred by not assigning the burden to the Applicant. Plaintiffs cite as a basis for their belief <br />certain statements made by the prehearing conference officer, statements that are not part of the <br />record. § 24-4-106(7), C.R.S. provides that the Court limit its review of the facts to the record. <br />Therefore, this azgument is properly disregarded. <br />The Plaintiffs must cite specific examples in the record to demonstrate that the Boazd or <br />any of its members has a conflict of interest or an impermissible bias: <br />A legal presumption of integrity, honesty, and impartiality exists in <br />favor of those serving in a quasi judicial capacity. And in order to <br />overcome this presumption, the challenger of the quasi-judicial <br />decision must demonstrate a conflict of interest or impermissible <br />bias upon the part of the decision maker. <br />Martin v. Montezuma-Cortez School Dist. RE-1, 809 P.2d 1010, 1014-1015. (Colo.App. 1990), <br />affirmed in part, reversed in part, Martin v. Montezuma-Cortez School Dist. RE-1, 841 P.2d 237 <br />(Colo. 1992). <br />The Plaintiffs essentially believe the Board did not give their evidence the weight it <br />deserves, but instead focused on the evidence presented by Four States and the Division. They <br />believe the Division advocated on behalf of Four States, denying them due process. They argue <br />15 <br />
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