evidentiary findings hearing (Colorado) · Go Syfert
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evidentiary findings hearing in Colorado

8 Colorado opinions name it 2 courts 1984–2015 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ricci v. Davisgreen
colo · 1981 · cited in 6 Colorado opinions naming this issue, 1984–2015
2 sentences

2015RE-2, 688 P.2d 219 , 225–26 (Colo. 1984) (“While the board in the exercise of its ultimate fact-finding function is vested with ‘“considerable discretion” to fix the precise substantive content’ of the statutory grounds for dismissal, the board’s findings of ultimate fact must be fully warranted by the evidentiary findings of the hearing officer.” (emphasis added) (quoting Ricci, 627 P.2d at 1118 )); Ricci, 627 P.2d at 1117 (“[A] board’s ultimate findings must be fully warranted by the basic facts embodied in the [hearing officer’s] formal, written statement of [his] findings.” (emphasis added

2015RE-2, 688 P.2d 219 , 225–26 (Colo. 1984) (“While the board in the exercise of its ultimate fact-finding function is vested with ‘“considerable discretion” to fix the precise substantive content’ of the statutory grounds for dismissal, the board’s findings of ultimate fact must be fully warranted by the evidentiary findings of the hearing officer.” (emphasis added) (quoting Ricci, 627 P.2d at 1118 )); Ricci, 627 P.2d at 1117 (“[A] board’s ultimate findings must be fully warranted by the basic facts embodied in the [hearing officer’s] formal, written statement of [his] findings.” (emphasis added

36
deKoevend v. Board of Education of West End School District RE-2green
colo · 1984 · cited in 5 Colorado opinions naming this issue, 1986–2015
2 sentences

2015RE-2, 688 P.2d 219 , 225–26 (Colo. 1984) (“While the board in the exercise of its ultimate fact-finding function is vested with ‘“considerable discretion” to fix the precise substantive content’ of the statutory grounds for dismissal, the board’s findings of ultimate fact must be fully warranted by the evidentiary findings of the hearing officer.” (emphasis added) (quoting Ricci, 627 P.2d at 1118 )); Ricci, 627 P.2d at 1117 (“[A] board’s ultimate findings must be fully warranted by the basic facts embodied in the [hearing officer’s] formal, written statement of [his] findings.” (emphasis added

2015RE-2, 688 P.2d 219, 225-26 (Colo. 1984) ("While the board in the exercise of its ultimate fact-finding function is vested with ' "considerable discretion" to fix the precise substantive content' of the statutory grounds for dismissal, the board's findings of ultimate fact must be fully warranted by the evidentiary findings of the hearing officer." (emphasis added) (quoting Ricci, 627 P.2d at 1118 )); Ricci, 627 P.2d at 1117 ("[A] board's ultimate findings must be fully warranted by the basic facts embodied in the [hearing officer's] formal, written statement of [his] findings." (emphasis added

15
Blaine v. Moffat County School District Re No. 1green
colo · 1988 · cited in 2 Colorado opinions naming this issue, 1992–1994
2 sentences

1994This two-part process vests the school board with the authority to reject a hearing officer’s recommendation of retention and to substitute in its place new ultimate findings “as long as the new ultimate findings are fully warranted by the evidentiary findings of the hearing officer and the school board states the reasons for its new findings of ultimate fact.” Blaine v. Moffat County School District RE No. 1, 748 P.2d 1280, 1290 (Colo.1988).

1992Id.

12
Blair v. Lovettgreen
colo · 1978 · cited in 2 Colorado opinions naming this issue, 1988–1988
2 sentences

1988Our prior decisions make clear that the evidentiary findings of the hearing officer, if adequately supported by the record, are binding on the school board in its review function. deKoevend, 688 P.2d at 225-26 ; Ricci, 627 P.2d at 1117 ; Lovett, 196 Colo. at 123 , 582 P.2d at 671-72 .

1988Our prior decisions make clear that the evidentiary findings of the hearing officer, if adequately supported by the record, are binding on the school board in its review function. deKoevend, 688 P.2d at 225-26 ; Ricci, 627 P.2d at 1117 ; Lovett, 196 Colo. at 123 , 582 P.2d at 671-72 .

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
National Labor Relations Board v. Hearst Publications, Inc. red
scotus · 1944
2 sentences

1986"Undoubtedly questions of statutory interpretation, especially when arising in the first instance in judicial proceedings, are for the court to resolve. [Citations omitted.] But where the question is one of specific application of a broad statutory term in a proceeding in which an agency administering the statute must determine if, initially, the reviewing courts function is limited ... [ The agency's] determination ... is to be accepted if it has `warrant in the records' and a reasonable basis in law. " (emphasis added) National Labor Relations Board v. Hearst Publication, Inc., 322 U.S. 111

1986"Undoubtedly questions of statutory interpretation, especially when arising in the first instance in judicial proceedings, are for the court to resolve. [Citations omitted.] But where the question is one of specific application of a broad statutory term in a proceeding in which an agency administering the statute must determine if, initially, the reviewing courts function is limited ... [ The agency's] determination ... is to be accepted if it has `warrant in the records' and a reasonable basis in law. " (emphasis added) National Labor Relations Board v. Hearst Publication, Inc., 322 U.S. 111

11986–1986

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 22-63-101 (7) CO § Colo. Rev. Stat. § 22-63-302 (4) CO § Colo. Rev. Stat. § 22-63-301 (3) CO § Colo. Rev. Stat. § 24-4-106 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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