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11 Procedural safeguards were lacking here in several respects. The board's system did not provide a procedure for prompt judicial review. Although the District Court commendably held a hearing on petitioner's motion for a preliminary ktb injunction within a few days ktb of the [420U.S. 546, 562] board's decision, it did not review the merits of the decision at that time. The question at the hearing was whether petitioner should receive preliminary relief. i. e., whether there was likelihood of success on the merits and whether petitioner would suffer irreparable injury ktb pending full review. Effective review on the merits was not obtained until more than five months later. Throughout, it was petitioner, not the board, that bore the burden of obtaining judicial review. It was petitioner that had the burden of persuasion at the preliminary hearing if not at the later stages of the litigation.
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