In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: Commission, and appellants, yet the County Commissioners did not require any of them to face cross-examination before submitting those documents. Appellants maintain that all of this documentary evidence should have been placed before the County Commissioners by sworn witnesses who faced cross-examination, and, therefore, it should not have been considered by them. We disagree. “A zoning board, along with other administrative agencies, is generally not bound by the technical rules of evidence although it must observe fundamental fairness in dealing with the parties who appear before it.” Ginn v. Farley, 43 Md.App. 229, 236, 403 A.2d 858, cert. denied, sub nom. Engel v. Farley, 286 Md. 747 (1979). See also Entzian v. Prince George’s County, 32 Md.App. 256, 262, 360 A.2d 6 (1976) (<HOLDING>). The documents properly could be considered by 
 Holding statements: (A) recognizing that commission is not bound by statutory or common law rules of evidence (B) holding that because no clear implication could be derived from the language of the statute that the state should be bound by the local zoning ordinances the state was not bound (C) holding that agency is bound by its regulations (D) recognizing that administrative agencies are not bound by rules of evidence (E) recognizing that zoning agency bodies   are not bound by strict rules of evidence

Answer: recognizing that commission is not bound by statutory or common law rules of evidence


Question: in nature and may be waived if not timely raised. Section 1445(c) applies to prohibit the removal of a civil action arising under the workmen’s compensation laws of a state. It does not prohibit federal district court’s from exercising supplemental jurisdiction under § 1367. The state worker compensation statutes themselves may affect the court’s jurisdiction by requiring claims to be filed with an administrative agency. However, such is not the case for claims of retaliatory discharge for exercising rights under Michigan’s WDCA. As noted above, the expeditious and inexpensive procedures found in Michigan’s WDCA are not utilized when an employee alleges retaliatory discharge. Such a claim is treated like any other tort and can be filed in state court. See Delke, 460 N.W.2d at 327-28 (<HOLDING>); see also Lamoria, 584 N.W.2d at 600; Chiles 
 Holding statements: (A) recognizing the tort of retaliatory discharge (B) holding the retaliation claim did arise under states workers compensation laws (C) recognizing retaliatory discharge tort implied by the workers compensation act (D) holding that retaliation claim did not arise under states workers compensation laws (E) holding that the bureau of workers disability compensation did not have jurisdiction to hear retaliation claims and explaining that the michigan legislatures intent was not to create an administrative remedy for retaliatory discharge

Answer: recognizing the tort of retaliatory discharge


Question: 71 (1984). Un der this elaboration, states have been shielded when engaged in activities such as purchasing, Hughes v. Alexandria Scrap Corp., 426 U.S. 794, 808-10, 96 S.Ct. 2488, 49 L.Ed.2d 220 (1976), selling commodities produced in a state-owned facility, Reeves, Inc. v. Stake, 447 U.S. 429, 440, 100 S.Ct. 2271, 65 L.Ed.2d 244 (1980), and contracting for the construction of public buildings, White v. Mass. Council of Constr. Employers, Inc., 460 U.S. 204, 205-06, 214-15, 103 S.Ct. 1042, 75 L.Ed.2d 1 (1983). Withal, this shield has relatively modest dimensions; for example, it does not extend to hybrid proprietary/regulatory activities that have downstream effects in a market in which the state is not a participant. See, e.g., S.-Cent. Timber, 467 U.S. at 84-85, 104 S.Ct. 2237 (<HOLDING>). It is uncertain whether the market 
 Holding statements: (A) holding invalid alaskas practice of selling stateowned timber with a contractual condition requiring purchasers partially to process the timber before shipping it out of state (B) holding a state has a substantial interest in regulating the practice of law within the state (C) holding out admission to practice law when not admitted to practice (D) holding that the commission reasonably interpreted the statute as requiring it to assess the condition of the industry as a whole (E) holding that state court could regulate the practice of law in federal courts located in the state

Answer:
holding a state has a substantial interest in regulating the practice of law within the state