DEPARTMENT OF REVENUE Hearings Division RULES FOR HEARINGS RELATED TO MATTERS OTHER THAN DRIVER’S LICENSES OR STATE ISSUED IDENTIFICATION CARDS 1 CCR 211-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. DEFINITIONS 1.1. “Applicant” - An individual or entity applying for a license or other document authorized or required to be issued by the Colorado Department of Revenue.

1.2. “Department” - The Colorado Department of Revenue. 1.3. “Division” - The Colorado Department of Revenue Hearings Division. 1.4. “Hearing Officer” - A Hearing Officer employed by the Hearings Division of the Colorado Department of Revenue and authorized by either statute or delegation from the Director of the Department of Revenue to conduct hearings.

1.5. “Licensee” - Any person who has been issued a license authorized or required to be issued by the Colorado Department of Revenue.

1.6. “Respondent” - Any person who is the subject of a hearing conducted pursuant to these Rules.

2. HEARING OFFICER AUTHORITY 2.1. In addition to any other powers authorized by statute, including § 24-4-105(4) C.R.S., the Hearing Officer shall have the authority and responsibility to: 2.1.1. Conduct a full, fair, and impartial hearing;

1. 2.1.2. Take action to avoid unnecessary delay in the disposition of the proceeding; 2.1.3. Maintain order;

   2.1.4. Administer oaths for the purpose of obtaining testimony; 2.1.5. Rule on matters of evidence and law;

   2.1.6. Issue orders relating to hearing and pre-hearing matters, including discovery and pre- hearing conferences for simplification of issues;

   2.1.7. Limit irrelevant, immaterial, and unduly repetitious testimony, and reasonably limit time for presentations;

   2.1.8. Rule on motions of parties or the Hearing Officer’s own motion, including granting or denying continuance;

Code of Colorado Regulations 1 2.1.9. Issue initial decisions/recommendations or final decisions and orders as required or authorized by statute;

1. 2.1.10. Order the production of any documents which are required by any statute or rule as a condition precedent to the conduct of a hearing, or are determined to be necessary during the conduct of the hearing;

   2.1.11. Sign and issue subpoenas.

3. EVIDENCE 3.1. The Applicant/Licensee/Respondent or any other witness may testify and present evidence on pertinent issues.

3.2. The Hearing Officer may exclude irrelevant, repetitious, immaterial, or privileged information or evidence.

3.3. The Hearing Officer may consider hearsay evidence. 3.4. The Hearing Officer may question the Applicant/Licensee/Respondent and/or other witnesses. 3.5. The Hearing Officer may consider and receive documentary evidence, including photocopies or excerpts.

3.6. The Hearing Officer may continue a hearing in order to subpoena any witness or document relevant to the proceeding.

3.7. All exhibits entered into evidence shall become a part of the record of the hearing and where practicable shall be subsequently maintained by the Department of Revenue.

4. CONDUCT AND DECORUM 4.1. Unless otherwise precluded by law, all proceedings before the Division are open to the public. 4.2. Parties, representatives and other attendees shall conduct themselves with dignity, shall show courtesy and respect for one another and for the Hearing Officer, and shall follow any additional guidelines of decorum prescribed by the Hearing Officer in the proceeding; attorneys shall at all times adhere to the Colorado Rules of Professional Conduct. 4.3. To ensure proper conduct and decorum and the orderly progress of the hearing, the Hearing Officer may take appropriate action, including but not limited to: 4.3.1. Excluding any person or persons from the hearing; 4.3.2. Recessing the hearing.

4.4. The Hearing Officer may restrict attendance due to the physical limitations of the hearing facility; media access may be limited as provided by the Colorado Code of Judicial Conduct and the Colorado Rules of Civil Procedure.

_________________________________________________________________________ Editor’s Notes History Code of Colorado Regulations 2 Entire Rule eff. 05/30/2009.

Code of Colorado Regulations 3