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•' Y <br />C.R.S. § 24-2-102(2). The Colorado APA defines an "order" as the <br />"whole or any part of the final disposition by an agency in any matter <br />other than rule-making. C.R.S. § 24-4-102(10). The order given at the <br />Pre-Trial Conference was determinate of what issues would be heard by <br />the MLRB at the Formal Heazing. Thus, order effected the parties <br />participation in the Formal Hearing. In the issuance of orders the MLRB <br />must follow the rules set out by the Colorado APA. Here, by not <br />recording the Pre-Hearing Conference, the MLRB committed reversible <br />error under C.R.S § 24-4-106(7). Thus, the Pre-Trial Hearing is invalid. <br />d. The Court is unable to rule on the merits of the order from the final <br />hearing until the final hearing officer has had an opportunity to determine <br />what changes to the evidence, if any, would be required by a properly <br />conducted Pre-Trial Hearing. <br />For the Foregoing reasons the Court REMANDS this case to the MLRB for a properly <br />conducted (that is recorded) Pre-Trial Hearing to be followed by a rehearing of the Final <br />f I Hearing wherein the properly lodged and persevered objections by the Plaintiffs aze addressed. <br />/I ~ - <br />Done this ~ day of ' , 2003. <br />BY THE COURT: <br />--~.~_ <br />William.D. Robbins <br />District Court Judge <br />