In response, among other things, Sherex contests the
accuracy of the Agency’s statement of facts, as well as itsinterpretation of Section 705.212(a).
Sherex contends that it
was not allowed full access to the administrative record untilAugust 28, 1991, after the August 9, 1991 date for closure of therecord established by the Agency.
2d 376, 313 N.E.
2d 457 (1974). The Board finds
that the factual questions raised by Sherex are material to theBoard’s disposition of this case.
Allowed
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