Stuart-James Co. v. Division of Employment & Training

Judge RULAND,

dissenting.

I respectfully dissent from that part of the majority holding which sets aside the Panel’s disposition of the equal protection argument.

I recognize that our supreme court in Kinterknecht v. Industrial Commission, 175 Colo. 60, 485 P.2d 721 (1971) held that the proper forum for presentation of evidence in support of an equal protection challenge is the district court in conjunction with a declaratory judgment action. However, if, as here, that issue may be determined based upon the record before the administrative tribunal, in my view, the better approach is for an…