Laserfiche WebLink
<br />24-4-105. Hearings and determinations. (1) In order to <br />assure that all parties to any agency adjudicatory <br />proceeding are accorded due process oflaw, the <br />provisions of this section shall be applicable. <br />(2) (a) In any such proceeding in which an <br />opportunity for agency adjudicatory hearing is required <br />under the state constitution or by this or any other <br />statute, the parties are entitled to a hearing and decision <br />in conformity with this section. Any person entitled to <br />notice of a hearing shall be given timely notice of the <br />time, place, and nature thereof, the legal authority and <br />jurisdiction under which it is to be held, and the matters <br />of fact and law asserted. Unless otherwise provided by <br />law, such notice shall be served personally or by <br />mailing by frrst-class mail to the last address furnished <br />the agency by the person to be notified at least thirty <br />days prior to the hearing. In fixing the time and place <br />for a hearing, due regard shall be had for the <br />convenience and necessity of the parties and their <br />representatives. <br />(b) Any person given such notice shall file a <br />written answer thirty days after the service or mailing of <br />such notice. If such person fails to answer, any agency, <br />administrative law judge, or hearing officer, upon <br />motion, may enter a default. For good cause shown, the <br />entry of default may be set aside within ten days after <br />the date of such entry. <br />(c) A person who may be affected or <br />aggrieved by agency action shall be admitted as a party <br />to the proceeding upon his filing with the agency a <br />written request therefor, setting forth a brief and plain <br />statement of the facts which entitle him to be admitted <br />and the matters which he claims should be decided. <br />Nothing in this subsection (2) shall prevent an agency <br />from admitting any person or agency as a party to any <br />agency proceeding for limited purposes. <br />(3) At a hearing only one of the following may <br />preside: The agency, an administrative law judge from <br />the division of administrative hearings, or, if otherwise <br />authorized by law, a hearing officer who if authorized <br />by law may be a member of the body which comprises <br />the agency. Upon the filing in good faith by a party of a <br />timely and sufficient affidavit of personal bias of an <br />administrative law judge or a hearing officer or a <br />member of the agency or the agency, the administrative <br />law judge, hearing officer, or agency shall forthwith rule <br />upon the allegations in such affidavit as part of the <br />record in the case. An administrative law judge or a <br />hearing officer may at any time withdraw if he deems <br />himself disqualified or for any other good reason in <br />which case another administrative law judge or hearing <br />officer may be assigned to continue the case, and he <br />shall do so in such manner that no substantial prejudice <br />to any party results therefrom. An agency or a member <br />of an agency may withdraw for any like reason and in <br />like manner, unless his withdrawal makes it impossible <br />for the agency to render a decision. <br />(4) Any agency conducting a hearing, any <br />administrative law judge, and any hearing officer shan <br />have authority to: Administer oaths and affmnations; <br /> <br />sign and issue subpoenas; rule upon offers of proof and <br />receive evidence; dispose of motions relating to the <br />discovery and production of relevant documents and <br />things for inspection, copying, or photographing; <br />regulate the course of the hearing, set the time and place <br />for continued hearings, and fix the time for the filing of <br />briefs and other documents; direct the parties to appear <br />and confer to consider the simplification of the issues, <br />admissions of fact or of documents to avoid unnecessary <br />proof, and limitation of the number of expert witnesses; <br />issue appropriate orders which shall control the <br />subsequent course of the proceedings; dispose of <br />motions to dismiss for lack of agency jurisdiction over <br />the subject matter or parties or for any other ground; <br />dispose of motions to amend or to dismiss without <br />prejudice applications and other pleadings; dispose of <br />motions to intervene, procedural requests, or similar <br />matters; reprimand or exclude from the hearing any <br />person for any improper or indecorous conduct in his <br />presence; award attorney fees for abuses of discovery <br />procedures or as otherwise provided under the Colorado <br />rules of civil procedure; and take any other action <br />authorized by agency rule consistent with this article or <br />in accordance, to the extent practicable, with the <br />procedure in the district courts. All parties to the <br />proceeding shall also have the right to cross-examine <br />witnesses who testify at the proceeding. In the event <br />more than one person engages in the conduct of a <br />hearing, such persons shall designate one of their <br />number to perform such of the above functions as can <br />best be performed by one person only, and thereafter <br />such person only shall perform those functions which <br />are assigned to him by the several persons conducting <br />such hearing. <br />(5) Subpoenas shall be issued without <br />discrimination between public and private parties by <br />any agency or any member, the secretary, or chief <br />administrative officer thereof or, with respect to any <br />hearing for which an administrative law judge or a <br />hearing officer has been appointed, the administrative <br />law judge or the hearing officer. A subpoena shall be <br />served in the same manner as a subpoena issued by a <br />district court. Upon failure of any witness to comply <br />with such subpoena, the agency may petition any <br />district court, setting forth that due notice has been <br />given of the time and place of attendance of the witness <br />and the service of the subpoena; in which event, the <br />district court, after hearing evidence in support of or <br />contrary to the petition, may enter an order as in other <br />civil actions compelling the witness to attend and testify <br />or produce books, records, or other evidence, under <br />penalty of punishment for contempt in case of <br />contumacious failure to comply with the order of the <br />court and may award attorney fees under the Colorado <br />rules of civil procedure. A witness shall be entitled to <br />the fees and mileage provided for a witness in a court of <br />record. <br />(6) No person engaged in conducting a hearing <br />or participating in a decision or an initial decision shall <br />be responsible to or subject to the supervision or <br /> <br />14 <br />