1 Colo. Code Regs. § 205-1, Regulation 44-20-104(3)(m)(I)(A)

Current through Register Vol. 47, No. 22, November 25, 2024

Regulation Regulation 44-20-104(3)(m)(I)(A) - HEARING PROCEDURES BEFORE A HEARING OFFICER

1. Hearings conducted before a single board member pursuant to section 44-20-104(3)(M)(I)(A), C.R.S., shall be conducted in accordance with the Colorado Administrative Procedure act, sections 24-4-104 and 105, C.R.S., and board 44-20-104(3)(f).

2. The executive secretary may, on behalf of the board, assign the individual board member on a rotating basis, taking into consideration the following factors:

(A) Applicants for a salesperson license will normally be given expedited processing. The board member assigned will be that individual who is available and willing to conduct the hearing. Geographic location of the board member and the applicant shall have primary consideration.

(B) Any issue involving a complaint which may be classified as arising from a business competition issue between motor vehicle dealers, used motor vehicle dealers, or wholesalers, or, a dispute involving an alleged violation of section 44-20-108(1)(b), C.R.S, shall not be heard by a member of the board who is a party to a dispute, or who has a pecuniary interest in the outcome of the matter.

(C) "Business competition issue" is defined as a dispute or complaint arising from or directly related to market share matters, or the alleged failure to comply with regulatory or statutory requirements by any one licensee of the board, or said licensee's agent, against another licensee.

(D) Initial decisions of a single board member hearing shall be processed in accordance with the Colorado Administrative Procedure Act, sections 24-4-105(13) - (16), C.R.S.

1 CCR 205-1, Regulation 44-20-104(3)(m)(I)(A)

41 CR 20, October 25, 2018, effective 11/14/2018

41 CR 22, November 25, 2018, effective 12/15/2018

42 CR 21, November 10, 2019, effective 11/30/2019

43 CR 24, December 25, 2020, effective 11/17/2020

45 CR 03, February 10, 2022, effective 3/17/2022

45 CR 14, July 25, 2022, effective 8/15/2022