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The borderline and after research has granted the application and then in that same hearing that followed said well we're not going to give you your chance for contested case hearing after they already ruled albeit what they call the conditional approval which was subsequently which was essentially nothing more than saying we're going to state construction until we hold these fantasy case hearings why with the board of Land and Natural Resources make it conditional finding to begin with there's nothing in our rules that allow for it there's completely arbitrary and capricious, so my question is there some way in which it's prohibited and does that rule have any bearing at all in whether this was appropriate or not in your view certainly due process a meaningful time in a meaningful manner this certainly and the right to be heard the right to be heard before a decision is made before a quote-unquote conditional decision is to be made that's what's critical here if is in every instance where somebody makes a request for a contested case before the agency has voted on an application then you have to stop everything hold the contested case and the agency could be waving their hands and saying we're going to deny that one you don't have to go bother to have a contested case you have an opportunity as the participant requesting a hearing for testimony that's under oath you can cross-examine, and you get an opportunity to therefore focus on the evidence in front of the decision-maker hopefully causing them to make a decision in your favor you sort you forfeit that opportunity if the decision is made ahead of time right so your interests that you're describing on behalf of the public in that you give them the benefit of knowing what the decision is going to be, so they can decide whether to have a contested case or not do you really think that that outweighs the interests of a member of the public of getting those extra due process protections and being able to present the evidence before a board that hasn't made a decision, yet I think due process I think process that was due and above and beyond was afforded well that may be your point of view but under the law the difference between the legislative context we have a public hearing and the quasi judicial context where the board is sitting in a contested case under the law is considered to provide greater due process protections that's just the settled law in this case the administrative agency was ruling in a quasi judicial function in terms of the contested case hearing it is a quasi judicial function not an executive function or a legislative function which is the rule making function of an administrative agency there are certain fundamentals of just procedure which are the same for every type of tribunal and every type of proceeding a fair trial in a fair tribunal is a basic requirement of due process justice must not only be done but manifestly be seen to be done so if an administrative agency is...
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