yeah, i got the denial in.

it was from a different member of the board that wasn't at the hearing. 

she actually doesn't even say that i didn't raise the matter - she says that if i didn't raise the matter, then i should have. but, i did raise the matter, and she has no way of knowing if i did or not, without checking the audio. a priori, if she is going to contemplate what might happen if i didn't raise the matter, she should also contemplate what might happen if i did. and, if i did, the adjudicator clearly ignored the point. so, this is a fallacious argument, at best.

then, she claims i have the burden of proof here (edit: on review), which i do, but my only argument would have been to submit the entire audio of the trial, which would be unreasonable. and, i actually cited evidence, which the reviewer clearly didn't consult. this is again a question of misconduct; i put in the review that the judge didn't look at the evidence, and it is dismissed without consulting the evidence. then, they claim i didn't provide a burden of proof. well, you didn't look at the evidence!

she then claims that the hearing member explored the s. 83 in detail over 21-23 - which is true, but it explored the detail of 83(1) and not 83(3), which is the argument presented. this is a red herring.

the denial essentially did not address my request, and did exactly the same thing that i claimed was the problem in the first place: i claimed that the adjudicator didn't address the evidence, and the review then also doesn't address the evidence.

i'm going to have to serve the appeal on monday or tuesday.