7 Colo. Code Regs. § 1101-18-2-3

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

Section 7 CCR 1101-18-2-3 - Hearing

(1) Hearings shall be conducted in the following manner, unless otherwise directed by the Review Committee:

(a) Presentation of positions - every party to the proceeding shall have the right to present its case by oral and documentary evidence.

(i) Remote attendance is available for involved parties as determined by the Safety Commission. If you wish to attend the hearing in person because you need a reasonable accommodation or do not have access to a phone or computer to participate remotely, this request shall be submitted to the Safety Commission by the Response Required By Date.

(ii) Written statements (denoted as such), submitted in advance of the hearing and separately from complaint forms and other supporting documentation, may be submitted in lieu of, or in addition to, attending and participating in the hearing orally.

(iii) With prior notice to the Safety Commission, parties may utilize alternative representatives to attend the hearing.

(b) Parties wanting to have supporting documentation considered shall provide either one copy or one digital copy of said supporting documentation to the Review Committee. The preferred timeline for delivery is at least one business day before the hearing.

(i) The exhibits that are presented during the hearing are the only ones included in the record.

(ii) Supporting documents submitted by the person filing the complaint shall be labeled, and referred to during the hearing, by number.

(iii) Supporting documents submitted by the person alleged to be in violation shall be labeled, and referred to during the hearing, by letter.

(c) The Review Committee shall utilize the complaint and damage forms (as applicable), presentations, the response to the Colorado 811 Data Request Form, and committee members' experience in the field in its discussion and finding of facts.

(d) Any member of the Review Committee may ask questions of any person involved in the hearing.

(2) Hearings shall be conducted in the following order, unless otherwise directed by the Review Committee:

(a) Complaint is called.

(i) Introduction of Review Committee members and explanation of the proceedings.

(ii) Determination of whether any Review Committee members have a conflict of interest; this can be determined prior to the formation of a Review Committee, and will be reviewed at the start of the hearing.

(b) Presentation of position and submittal of documentation or other materials by the person filing the complaint.

(c) Presentation of position and submittal of documentation or other material by the person alleged to be in violation, in the complaint.

(d) Rebuttal by the person filing the complaint.

(e) Questions from the Review Committee to both parties.

(f) Discussion by the Review Committee on the findings of fact and recommendations for remedial action (if applicable).

(3) Maximum time allowed for hearings shall be the following, unless otherwise directed by the Review Committee:

(a) Each party shall have 20 minutes to present its case.

(i) The Review Committee may allow additional time for presentations.

(ii) If the Review Committee grants additional time to one person, the same amount of additional time will be offered to the other person.

(b) The person filing the complaint shall have five minutes for rebuttal.

(c) The alleged violator shall have two minutes for rebuttal to any new information that the person filing the complaint stated in their rebuttal.

(d) The Review Committee shall take as much time as is necessary to ask questions and discuss the complaint.

(4) Burden of Proof

(a) The person filing the complaint has the burden to prove by a preponderance of the evidence that the alleged violator committed a violation.

(5) Dismissed Complaints

(a) The Safety Commission may dismiss a complaint in the event of the person filing the complaint not responding by the Response Required By Date.

(6) Application of Technical Knowledge

(a) The Review Committee may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.

(b) The Review Committee may take notice of general, technical, or scientific facts within its knowledge, but only if the facts so noticed are specified in the record or are brought to the attention of the persons involved in the complaint before the final determination and both the person filing the complaint and the person alleged to be in violation are afforded an opportunity to controvert the facts so noticed.

(7) Representation by Counsel

(a) Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear for his or her self.

(b) An attorney who is a witness may not act as counsel for the person involved in the hearing.

7 CCR 1101-18-2-3

42 CR 10, May 25, 2019, effective 6/14/2019

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