instruction:
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.
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:
other court’s construal of the statute. See Thrivent, 251 S.W.3d at 622-23; J.D. Edwards World Solutions Co. v. Estes, Inc., 91 S.W.3d 836, 839-40 (Tex.App.-Fort Worth 2002, pet. denied); Poole v. USAA Cas. Ins. Co., No. 14-99-00740-CV, No, 14-99-01056-CV, 2000 WL 1721150, at *1, 2000 Tex.App. LEXIS 6825, at *3-*4 (Tex.App.-Houston [14th Dist.] Oct. 12, 2000, pet. denied) (not designated for publication); Vondergoltz, 14 S.W.3d at 331. Finally, this argument is contrary to the prevailing view among state courts outside of Texas as well, which have held that an order vacating an award and directing a rehearing (without denying confirmation) is not final and appealable. See City of Fort Lauderdale v. Fraternal Order of Police, Lodge No. 31, 582 So.2d 162, 162-63 (Fla.Dist.Ct.App.1991) (<HOLDING>); Carner v. Freedman, 175 So.2d 70, 71 
 Holding statements: (A) holding that the ordering of a rehearing caused the judgment to not be final and appealable (B) holding that a rehearing order was not final or appealable (C) holding that an order of consolidation is interlocutory and not immediately appealable (D) holding an order denying a motion for summary judgment is interlocutory and not appealable (E) holding that a rehearing order is interlocutory and not appealable
answer:
holding that the ordering of a rehearing caused the judgment to not be final and appealable


question:
threatened to use a firearm during the commission of the crime”; (2) where the defendant admitted to use or threatened use; and (3) where the court convened a special proceeding and found use or threatened use of a firearm. Or Laws 1979, ch 779, § 2. The third option, action by the sentencing judge, could only occur if, before sentencing, the judge determined that the “conviction” did not necessarily establish use or threatened use of a firearm. That order of events — “conviction” followed by sentencing — indicates that the legislature intended the term “conviction” in ORS 161.610 to mean the finding of guilt as to the underlying criminal charge, and not that finding of guilt combined with the attendant criminal sentence. Compare State v. Isbell, 178 Or App 523, 527, 38 P3d 272 (2001) (<HOLDING>), and State v. Allison, 143 Or App 241, 246, 
 Holding statements: (A) holding that because any precedes the list of items a felon is prohibited from possessing double jeopardy precludes more than one conviction for possession of any of the items listed (B) holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime (C) holding that the term conviction means a finding of guilt and not a judgment where it refers to an event that precedes sentencing (D) holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment (E) holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession
answer:

holding that because any precedes the list of items a felon is prohibited from possessing double jeopardy precludes more than one conviction for possession of any of the items listed