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I would tell you that the matter is before you based upon the evidence on the record, the testimony, <br />the documents. It's by a standard which is known as preponderance of the evidence. You should rely <br />on substantial, reliable, probative evidence on the record. <br />Preponderance is a standard not like beyond a reasonable doubt which is the kind of thing that you <br />would rely on and the most important of your own personal affairs. Preponderance is more like the <br />greater weight of the authority. So the burden is on the appellant to demonstrate to you that the <br />decision is unreasonable, unlawfiil, unconstitution by preponderance of the evidence. <br />That's the standard by which your decision would be judged in a court of law if it was illegal, <br />arbitrary, capricious, unreasonable or unsupported by a preponderance of the evidence. That's why I <br />say that you would look to say whether your determination on that standard would be j udged on this <br />record. That's all I have unless you care for more advice. <br />I'm inclined to give you advice more on the procedure but I'm at your disposal. <br />Commissioner Flannery: <br />Well, thank you. <br />Asst. Law Director O'Malley: <br />Thank you, Madam Chair. You're welcome. Thank you. <br />Thank you. Alright, so the proceedings are closed. You have the records that were in your packet. <br />You have the PowerPoint that was submitted by the applicant. <br />Commissioner Flannery: <br />So... going forward <br />Asst. Lav Director O'Malley: <br />So what's your pledge? You want to deliberate with your fellow member on the record. Talk about <br />what's before you and what your decision may be. <br />You want to take it under advisement and ask for a decision to be written for your review. As I said <br />at the outset, I'm not a real big fan of deliberating in private which is your right. And the reason <br />being that it never fails. <br />You deliberate in private and you hear all this meaningful discussion of what the evidence showed <br />or didn't show and you have all this great discussion in a private deliberation then you go back on <br />the record and everybody gets real quiet. You don't hear ally of it. If your reasoning is sound and <br />your analysis is true it needs to be on the record. <br />So it'll appear in a transcript if somebody's ever reviewing it. <br />Commissioner Flannery: <br />That's disgusting. <br />Captain Angel Walling: <br />You can have this seat if you like. <br />Commissioner Flannery: <br />You're fine. <br />