HomeMy WebLinkAbout860032.tiff RESOLUTION
RE: AMENDMENT TO PROCEDURES FOR PROBABLE CAUSE HEARINGS AND
ADJUDICATORY-TYPE HEARINGS TO INCLUDE PROVISIONS ON
NOTIFICATION.
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, the Board of County Commissioners of the County of
Weld, Colorado, has adopted procedures for Probable Cause Hearings
and Adjudicatory-Type Hearings and has placed said procedures in
the Weld County Administrative Manual, and
WHEREAS, the Board now wishes to amend said procedures to
include provisions concerning notification.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Weld, Colorado, that the following
provision be included in the procedures for Probable Cause
Hearings which is part of the Administrative Manual :
"E. NOTICE:
1 . Notice of the Probable Cause Hearing
shall be sent by certified mail,
return receipt requested, to the
person against whom the complaint is
made at least ten (10) days prior to
the date of the hearing. Said
notice shall be effective upon the
date of mailing.
2 . Notice may also be served upon the
person against whom the complaint is
made in accordance with the Colorado
Rules of Civil Procedure. "
BE IT FURTHER RESOLVED that the following provision be
included in the procedures for Adjudicatory-Type Hearings which is
part of the Administrative Manual :
"N. NOTICE:
1 . Notice of the Adjudicatory-Type
Hearing shall be sent by certified
1 b ��
PAGE 2
RE: PROBABLE CAUSE AND ADJUDICATORY HEARINGS POLICY
mail , return receipt requested, to
the person against whom the
complaint is made at least ten (10)
days prior to the date of the
hearing. Said notice shall be
effective upon the date of mailing
and shall be mailed to the address
listed in the permit. Notice may
also be served upon the person
against whom the complaint is made
in accordance with the Colorado
Rules of Civil Procedure.
2 . Said notice shall inform the person
against whom the complaint is made
of the following:
a. The specific circumstances of
the complaint; and
b. The time, date, and place of
the Adjudicatory-Type Hearing.
3 . Said notice shall not be necessary
if the person against whom the
complaint is made was present at a
Probable Cause Hearing concerning
the same complaint and was then
notified of the time, date and place
of the Adjudicatory-Type Hearing.
4 . The person against whom the
complaint is made shall be deemed
notified of the Adjudicatory-Type
Hearing if he received a copy of a
Resolution or other statement which
specifies the outcome of the
Probable Cause Hearing concerning
the same complaint and which sets
the time, date, and place of the
Adjudicatory-Type Hearing. "
BE IT FURTHER RESOLVED by the Board of County Commissioners
that said amendments to the procedures be included in said
Administrative Manual.
PAGE 3
RE: PROBABLE CAUSE AND ADJUDICATORY HEARINGS POLICY
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
January, A.D. , 1986 .
NA.a �� (1,,,„,„,,,:i
BOARD OF COUNTY COMMISSIONERS
ATTEST: i f (1� f{, m�fi✓ s i WELD COUNTY, COLORADO
Weld County Cerk and Recorder
and Clerk to the and �•":cqu:�ig:��:n "on, C airman
BY:
Deputy Counti erk Go r
APPR VED AS TO FORM: •
./ i Th # 7 Gene R. Bran ner
/ //L91/1.lilf/l
County Attorney lcfiAtC�
C.W. Kir y /_7
Frank Yamaguc %'
PROCEDURES FOR PROBABLE CAUSE HEARINGS
A. PURPOSE:
1. The purpose of this outline is to provide Boards, Commissions,
Department Heads, and other administrative bodies in Weld County
with a set of procedures for use in probable cause hearings.
B. PROCEDURE AND EVIDENCE:
1. The probable cause 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. Any person may present evidence
at a probable cause hearing. Evidence shall consist of:
a. Oral testimony.
b. Exhibits and documentary evidence of any kind.
c. Statements of the person presenting the evidence.
2. The person against whom the complaint is made may, in rebuttal,
present any of the evidence listed in B.1.
C. DETERMINATION OF PROBABLE CAUSE:
1 . The complaining party shall have the burden of proving that
probable cause exists to have a hearing concerning the complaint.
"Probable cause" is defined as: a reasonable ground for belief in
the existence of facts warranting the proceedings complained of.
D. DECISION:
1. At the conclusion of the presentation of evidence, the Board,
Commission, Department Head, or other administrative body shall
make an oral decision. The decision shall be to either dismiss
the case, continue the case to a time specified in the future, or
to set the case for a formal show cause or other type hearing at a
time specified in the future.
E. NOTICE:
1. Notice of the Probable Cause Hearing shall be sent by certified .
mail, return receipt requested, to the person against whom the
complaint is made at least ten (1O) days prior to the date of the
hearing. Said notice shall be effective upon the date of mailing.
2. Notice may also be served upon the person against whom the
complaint is made in accordance with the Colorado Rules of Civil
Procedure.
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3. Said notice shall inform the person against whom the complaint is
made of the following:
(a) The specific circumstances of the complaint; and
(b) The time, date, and place of the Probable Cause Hearing.
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GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARINGS
A. PURPOSE AND INSTRUCTIONS
1. The purpose of this outline is to provide Boards, Commissioners,
Department Heads, 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.
B. PRESENCE OF PERSON AGAINST WHOM COMPLAINT IS MADE
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.
C. REPRESENTATION
1. The person against whom the complaint is made may be represented by c County
Department, at the hearing. e or its subunit, may also be orepresen represented bymplaining dcounsel.
The Board, Commission, Department Head, or other administrative
body has the option of having a legal advisor present at the
hearing.
D. POSTPONEMENTS AND EXTENSIONS
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.
E. PRESIDING OFFICER
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.
F. CONFLICTS OF INTEREST
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1. A member of the Board, Commission, or other administrative body,
or the Department Head hearing the case, may withdraw 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.
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.
G. RIGHTS OF PARTIES
1. At the hearing, each of the parties shall have the right to:
a. Call and examine witnesses.
b. Introduce exhibits.
c. Cross-examine any witnesses on any matter relevant to the
issues.
d. Impeach any witness.
e. Rebut any evidence.
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.
H. PROCEDURE AND EVIDENCE
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:
a. Oral testimony of witnesses.
b. Briefs, memoranda, or other related information.
c. Any material contained in the Department files regarding the
person involved.
d. Any other relevant material.
2. Each party shall, prior to or during the hearing, be entitled to
submit memoranda concerning any matters being considered by the
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Board, Commission, Department Head, or other administrative body.
Such memoranda shall become a part of the hearing record.
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.
4. The presiding officer may exclude unduly repetitious evidence.
5. Objections to evidentiary offers may be made and shall be noted in
the record.
I. SPECIFIC PROCEDURES
1. Call the Board, Commission, or other administrative body to order
and take roll.
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.
3. Call the representative(s) of the complaining Weld County
Department, or its subunit, to proceed with their case.
a. They may give a short statement of their case, summarizing
their position.
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.
c. They may introduce exhibits.
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.
5. The complaining Department or subunit may then rebut any matter
brought out in the other party's case.
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.
J. BURDEN OF PROOF
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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) .
K. RECORD OF HEARING
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 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.
L. RECORDS AND ADJOURNMENT
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.
M. FINDINGS AND DECISION
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 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.
N. NOTICE:
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1. Notice of the Adjudicatory-Type Hearing shall be sent by certified
mail, return receipt requested, to the person against whom the
complaint is made at least ten (10) days prior to the date of the
hearing. Said notice shall be effective upon the date of mailing
and shall be mailed to the address listed in the permit. Notice
may also be served upon the person against whom the complaint is
made in accordance with the Colorado Rules of Civil Procedure.
2. Said notice shall inform the person against whom the complaint is
made of the following:
a. The specific circumstances of the complaint; and
b. The time, date, and place of the Adjudicatory-Type Hearing.
3. Said notice shall not be necessary if the person against whom the
complaint is made was present at a Probable Cause Hearing
concerning the same complaint and was then notified of the time,
date, and place of the Adjudicatory-Type Hearing.
4. The person against whom the complaint is made shall be deemed
notified of the Adjudicatory-Type Hearing if he received a copy of
a resolution or other statement which specifies the outcome of the
Probable Cause Hearing concerning the same complaint and which
sets the time, date, and place of the Adjudicatory-Type Hearing.
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