- 8 - (e.g., "Tr. __, lines__."). For the most part, the subsection contains a mish-mash of facts and arguments that we cannot separate. In making our findings of fact, we have considered those portions of the subsection that address respondent's proposed findings of fact and that set forth specific objections. We have not considered those portions of the subsection that set forth alternative proposed findings of fact. We have not done so for the following reasons: Those portions do not comply with the requirements of Rule 151(e)(3) for proposed findings. Respondent has had no opportunity to respond to those proposals. Petitioners cannot escape their initial failure to make acceptable proposed findings simply by proposing alternatives to respondent's findings. We extended petitioners' time to file their answering brief at least three times. It would be unfair to visit on respondent the additional delay involved in requiring a response. In arriving at our findings of fact, we have taken into account those facts that have been stipulated, and have accepted certain facts proposed by respondent. We have examined both the exhibits in evidence and the transcript of the trial, and we have found certain facts based on those examinations. Burden of Proof Also, before proceeding, we wish to comment on what appears to be petitioners' misunderstanding of the burden of proof. In their briefs, petitioners repeatedly state or imply that it isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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