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.

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

was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 
recognizing a discretionary function exception to that waiver

circumvent the subrogation rights of the insurer, then those rights may reach any portion used to defeat the subrogation rights. See id. Though not at issue here, we are cognizant of the fact that claimants could try to circumvent the subrogation rights of the insurer in cases that are litigated without reaching a settlement. A claimant could fail to pursue the economic claims ardently, or not pursue these claims at all. Although courts cannot control a plaintiffs strategy in pursuing personal injury claims, they do have jurisdiction over trial verdicts. See Burns v. McGraw-Hill Broad. Co., 659 P.2d 1351, 1356 (Colo.1983) (court may scrutinize verdict and grant new trial if verdict is result of bias, prejudice or passion); Lehrer v. Lorenzen, 124 Colo. 17, 20, 233 P.2d 382, 384 (1951) (<HOLDING>). Upon request, a personal injury court may 
 Holding statements: (A) holding that a district court must compare and weigh the opposing evidence and it must set aside the verdict if it determines that the verdict is against the clear weight of the evidence (B) holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment (C) recognizing that a trial court can set aside verdict (D) holding that the court may set aside agency action only in extremely limited circumstances (E) holding that the trial courts denial of a motion to set aside the verdict for insufficient evidence is reviewable only for abuse of discretion

holding that a district court must compare and weigh the opposing evidence and it must set aside the verdict if it determines that the verdict is against the clear weight of the evidence