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RESOLUTION
RE : ADOPTION OF THE GENERAL PROCEDURES FOR ADJUDICATORY-TYPE
HEARINGS AND INCORPORATION OF SAID PROCEDURES IN THE
ADMINISTRATIVE MANUAL
WHEREAS , the Board of County Commissioners of Weld County,
Colorado , pursuant to Colorado statute and the Weld County Home
Rule Charter , is vested with the authority of administering the
affairs of Weld County, Colorado , and
WHEREAS , there is a need to have general procedures for
adjudicatory-type hearings set forth in the Weld County
Administrative Manual , and
WHEREAS , such procedures should be used only when sections of
the Weld County Administrative Manual or other Weld County
regulatory Ordinances or Resolutions do not specifically address
the procedural problems which arise in the course of
administrative hearings , and
WHEREAS , the Weld County Attorney' s Office deems it advisable
for the Weld County Board of County Commissioners to adopt the
attached procedures .
NOW, THEREFORE , BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado , that the attached General
Procedures for Adjudicatory-Type Hearings be , and hereby is ,
adopted.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that said procedures shall be incorporated into the Administrative
Manual and published by the Director of Finance and Administration
for dissemination to all County Departments .
841291
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 31st day of
October , A. D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ///nit„2 7 'jyQ � WELD COUNTY, COLORADO
Weld County Clerk and Recorder . t_, ,,cam �Qa,�_
and Clerk to the Boar4 Norman Carlson, Chairman
BY: -ftrx, . • )(
Deputy County Clerk J u 'ne Jo Tyson, Pro-Tem
APPRO D AS TOM. /) �j SVastites
/` e>2>)y NG / ( Gene R. Brantner
County Attorney EXCUSED
Chuck Carlson
W� Mi
Jo T. Martin
GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARINGS
ARTICLE A -- PURPOSE AND INSTRUCTIONS
A. 1 The purpose of this outline is to provide Boards,
Commissions , Department Head, and other administrative bodies
in Weld County with a set of general procedures necessary to
conduct hearings in accordance with due process standards.
These procedures shall be used only when sections of the Weld
County Administrative Code, or other Weld County regulatory
Ordinances or Resolutions, do not specifically address the
procedural problems which arise in the course of
administrative hearings. If a specific procedure from the
Code, an Ordinance , or regulation, should conflict with any
procedure from this general outline, then the specific
procedure should be followed.
ARTICLE B -- PRESENCE OF PERSON AGAINST WHOM
COMPLAINT IS MADE
B. 1 A hearing may be conducted without the personal presence of
the person against whom the complaint is made so long as
adequate notice has been given.
ARTICLE C -- REPRESENTATION
C. 1 . The person against whom the complaint is made may be
represented by counsel at the hearing. The complaining Weld
County Department, or its subunit, may also be represented by
counsel. The Board, Commission, Department Head, or other
administrative body has the option of having a legal advisor
present at the hearing.
ARTICLE D -- POSTPONEMENTS AND EXTENSIONS
D. 1 . Postponements of hearings and extensions of time may be
requested by either party or his designated agent. However,
the granting of such postponements or extensions shall be
made only upon the showing of good cause and is at the sole
discretion of the presiding officer.
ARTICLE E - PRESIDING OFFICER
E. 1 . The Chairman of the Board, Commission , or other
administrative body, or the Department Head, shall serve as
the presiding officer. The presiding officer shall ensure
that order is maintained and ensure that all participants in
the hearing have a reasonable opportunity to be heard and to
present oral and documentary evidence. He shall be entitled
to determine the order of procedure during the hearing and
shall have the opportunity and discretion to make all rulings
on questions which pertain to matters of the conduct of the
hearing and to admissibility of evidence.
ARTICLE F -- CONFLICTS OF INTEREST
F. 1 . A member of the Board, Commission, or other administrative
body, or the Department Head hearing the case, may withdraw
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at any time if he deems himself disqualified or for any other
good reason, unless his withdrawal makes it impossible for
the Board, Commission, Department Head, or other
administrative body to render a decision.
F.2 . Upon a timely and good faith objection to any personal bias
of any member of the Board, Commission, or other
administrative body, or of the Department Head, the presiding
officer shall forthwith rule upon the objection as part of
the record in the case, and shall take any actions he deems
appropriate in order to alleviate the personal bias , if so
found. Any possible objection to personal bias shall be
deemed waived if not made in good faith and in a timely
manner as determined by the presiding officer.
ARTICLE G - RIGHTS OF PARTIES
G. 1 . At the hearing, each of the parties shall have the right to:
G. 1 .a. Call and examine witnesses.
G. 1 .b. Introduce exhibits.
G. 1 . c. Cross-examine any witnesses on any matter relevant
to the issues.
G. 1 .d. Impeach any witness.
G. 1 .e. Rebut any evidence.
G. 2 . If the person against whom the complaint is made does not
testify in his own behalf, he may be called and examined as
if under cross-examination.
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ARTICLE H - PROCEDURE AND EVIDENCE
H. 1 . The hearing shall be conducted informally and not subject to
strict judicial or technical rules of procedure. A wide
latitude in the manner of presenting the respective positions
should be afforded the parties. Evidence presented at the
hearing may include the following:
H. l .a. Oral testimony of witnesses.
H. l .b. Briefs, memoranda, or other related information.
H. l .c. Any material contained in the Department files
regarding the person involved.
H. 1 .d. Any other relevant material.
H. 2 . Each party shall , prior to or during the hearing, be entitled
to submit memoranda concerning any matters being considered
by the Board, Commission, Department Head, or other
administrative body. Such memoranda shall become a part of
the hearing record.
H.3 . The Board, Commission, Department Head, or other
administrative body may receive and consider evidence not
admissible under the standard rules of evidence, if such
evidence possesses probative value commonly acceptable by
reasonable and prudent men in the conduct of their affairs.
H.4 . The presiding officer may exclude unduly repetitious
evidence.
H. 5 . Objections to evidentiary offers may be made and shall be
noted in the record.
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ARTICLE I - SPECIFIC PROCEDURES
I . 1 . Call the Board, Commission, or other administrative body to
order and take roll.
I. 2 . Announce the matter to be heard.
Determine whether all parties involved in the matter to be
heard are present and that all such persons are ready to
proceed.
I . 3 . Call the representative (s) of the complaining Weld County
Department, or its subunit, to proceed with their case.
I . 3 .a. They may give a short statement of their case,
summarizing their position.
I . 3 .b. They may present witnesses on direct examination.
The witnesses will each then be subject to
cross-examination by the other party and may be
questioned by the Board, Commission, Department
Head, or other administrative body. The
representative (s) may then question their witnesses
on any new matters brought up on cross-examination.
I. 3 .c. They may introduce exhibits.
I . 4 . After the representative (s) of the complaining Weld County
Department, or its subunit, have presented their case in
chief, the other party is called to proceed and he shall
present his case in the same manner as the complaining
Department or subunit.
I. 5 . The complaining Department or subunit may then rebut any
matter brought out in the other party' s case.
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I. 6 . The members of the Board, Commission, or other administrative
body, or the Department Head, may examine any witnesses, call
any additional witnesses for examination, and request the
submission of any exhibits.
ARTICLE J - BURDEN OF PROOF
J. 1 . The complaining Weld County Department, or its subunit, shall
have the burden of proving its case by a "preponderance of
the evidence. " Likewise, the person against whom the
complaint is made shall have the burden of proving any
affirmative defenses by a "preponderance of the evidence. "
"Preponderance of the evidence" is defined as that evidence
which is most convincing and satisfying in the controversy
between the parties, regardless of which party may have
produced such evidence . Colorado Jury Instructions 2d,
Section 3 : 1 (4) .
ARTICLE K - RECORD OF HEARING
K. 1 . A record of the hearing shall be kept that is of sufficient
accuracy to permit an informed and valid judgment to be made
by any person that may later be called upon to review the
record and render a recommendation or decision in the matter.
The Board , Commission , Department Head, or other
administrative body shall select a method to be used for
making the record and this may be accomplished by use of a
court reporter, or electronic recording unit, or detailed
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transcription or by taking detailed minutes. If the Board,
Commission, Department Head or other administrative body
selects a method other than a court reporter and the person
against whom the complaint is made requests that a court
reporter be used, then the requesting party shall pay the
costs of the use of the court reporter.
ARTICLE L - RECORDS AND ADJOURNMENT
L. 1 . The Board, Commission , Department Head, or other
administrative body may recess the hearing and reconvene the
same for the convenience of the parties or for the purpose of
obtaining new or additional evidence or consultation. Upon
the conclusion of the presentation of oral and written
evidence, the hearing shall be closed. The Board,
Commission, Department Head, or other administrative body may
thereupon, at a time convenient to itself, conduct its
deliberations outside the presence of the parties . Upon
conclusion of its deliberations, the hearing shall be
declared finally adjourned.
ARTICLE M - FINDINGS AND DECISION
M. 1 . Within five (5) working days after the final adjournment of
the hearing, the Board, Commission, Department Head, or other
administrative body shall make a written report of its
findings and decisions in the matter and submit the same to
the person against whom the complaint is made and the
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complaining Weld County Department or its subunit. The
decision shall be supported in the report by a concise
statement citing the basis of its decision. The decision
shall be based upon evidence produced at the hearing and may
be announced orally and reduced to writing in accordance with
this section.
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