dissenting.
In my view, the findings of fact of the hearing officer which were adopted by the school board provide no basis for the action of the board in ordering dismissal of the teacher. I recognize that under Blair v. Lovett, 196 Colo. 118, 582 P.2d 668 (1978), only findings of basic or evidentiary fact, if supported by evidence, are binding on the board, and the recommendation of the hearing officer is not binding. However, if the evidentiary findings do not support the action of the board — here dismissal of the *100teacher — the board’s action should not be upheld.
There must be a point at which the reviewing court asserts its responsibility to interpret and apply statutory language governing agency actions such as this.
“Undoubtedly questions of statutory interpretation, especially when arising in the first instance in judicial proceedings, are for the court to resolve. [Citations omitted.] But where the question is one of specific application of a broad statutory term in a proceeding in which an agency administering the statute must determine if, initially, the reviewing courts function is limited ... [The agency's] determination ... is to be accepted if it has ‘warrant in the records’ and a reasonable basis in law.” (emphasis added)
National Labor Relations Board v. Hearst Publication, Inc., 322 U.S. 111, 64 S.Ct. 851, 88 L.Ed. 1170 (1944), quoted in Ricci v. Davis, 627 P.2d 1111 (Colo.1981). “[T]he board’s findings of ultimate fact must be fully warranted by the evidentia-ry findings of the hearing officer.” (emphasis added) deKoevend v. Board of Education, 688 P.2d 219 (Colo.1984). Therefore, we must decide if the ground for dismissal, neglect of duty, is fully warranted under these findings.
The findings of fact of the hearing officer, all of which were adopted by the board, are set forth in the majority opinion. Seven specific evidentiary findings were made, nearly all of which tend to minimize the culpability of the teacher’s conduct. The only real damning finding is that the teacher drank half a bottle of beer with the students at the party and that she and the co-sponsor took no action to attempt to stop the students from consuming the small amount of beer that still remained when the party was discovered. In light of the other findings, and considering all the findings together, I am of the view that the action of the board in dismissing the teacher cannot stand, because it is not fully warranted by the record and thus, there is no reasonable basis for the action of the board. To rubberstamp this career destroying act based on. such de minimis conduct gives undue deference to the board’s power. I would hold that these findings do not warrant so drastic a punishment.
For these reasons, I respectfully dissent from the majority opinion.