7 Colo. Code Regs. § 1107-9.6

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1107-9.6 - Hearings

1. The hearing officer shall have the power and authority to schedule, preside at, conduct hearings, and ensure the appeal process is fair to all parties on a case-by-case basis. Hearings will be conducted virtually with internet and telephone access. The hearing officer has the power to administer oaths and affirmations, take depositions, certify to official acts, and to take any other reasonable steps the hearing officer deems necessary to resolve the pending appeal and control the hearing.

2. The hearing officer shall not communicate with a party unless all parties are present or simultaneously receive the hearing officer's verbal or written communication. If such a communication occurs, the hearing officer shall immediately disclose it to all parties.

3. Hearings shall be conducted informally with as few technical requirements as possible. Only parties of record to the appeal, and authorized representatives, may appear at hearings and present evidence. The hearing officer shall control the evidence taken during a hearing in a manner consistent with the due process rights of all the parties and to provide a fair hearing.

4. A hearing officer may make a finding of fact based on hearsay evidence only if it is reliable, trustworthy, and probative. When deciding whether to accept hearsay as evidence, the hearing officer may consider some or all of the following non-exclusive factors:

A. Whether the statement was written and signed;

B. Whether the statement was sworn to by the declarant;

C. Whether the declarant was a disinterested witness or had a potential bias;

D. Whether the hearsay statement is denied or contradicted by other evidence;

E. Whether the declarant is credible;

F. Whether there is corroboration for the hearsay statement;

G. Whether the case turns on the credibility of the witnesses;

H. Whether the party relying on the hearsay offers an adequate explanation for the failure to call the declarant to testify; and

I. Whether the party against whom the hearsay is used had access to the statements prior to the hearing or the opportunity to subpoena the declarant.

5. The hearing officer must preside impartially over administrative proceedings and hearings. The hearing officer may provide limited procedural guidance to parties so long as the hearing officer does not become an advocate for any of the parties.

6. Parties of record are entitled to at least fourteen (14) days advance notice of any hearing where parties will offer witness testimony and/or documentary evidence (an "evidentiary hearing"), and advance notice of the issues that may be considered at an evidentiary hearing according to the schedule ordered by the hearing officer. In setting an evidentiary hearing date, the hearing officer shall ensure that the parties of record have had reasonably sufficient opportunity to exchange exhibits and prepare for hearing. Upon mutual agreement of all the parties, the hearing officer can set an evidentiary hearing to occur with less than fourteen (14) days notice. The hearing officer shall not permit a party of record to present evidence on issues at a hearing that have not been disclosed to all other parties of record before the hearing except to prevent obvious injustice. The hearing officer has reasonable discretion to control the administrative proceedings and ensure that the parties of record receive a fair hearing, including postponing hearings and granting additional time to the parties of record where appropriate.

7. All testimony at a hearing must be recorded by the Division but need not be transcribed unless the hearing officer's decision is appealed.

7 CCR 1107-9.6

46 CR 23, December 10, 2023, effective 1/1/2024

47 CR 23, December 10, 2024, effective 1/1/2025