HomeMy WebLinkAbout851366.tiff 3 --Je �5
RESOLUTION
RE: ADOPTION OF PROCEDURES FOR PROBABLE CAUSE HEARINGS AND
INCORPORATION OF SAID PROCEDURES IN THE WELD COUNTY
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 procedures for probable
cause hearings set forth in the Weld County Administrative Manual,
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 Probable
Cause Hearing Procedures be, and hereby are, 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.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 20th day of
February , A. D. , 1985 .
a ;In, BOARD OF COUNTY COMMISSIONERS
ATTEST: 44a
WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,� ���,p�_
and Clerk to the Bo d a ine ohnson, Chairman
putt'M-County
eJ ` B ti� E
ut County erk Gene R. IL ner, Pro-Tem
APPROV AS TO F • (/lc E�z
sd�Z C. W.
County At or ey
a
a agu
851366
PROCEDURES FOR PROBABLE CAUSE HEARINGS
ARTICLE A - PURPOSE
A. 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.
ARTICLE B - PROCEDURE AND EVIDENCE
B. 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:
B. 1 .a. Oral testimony.
B. l .b. Exhibits and documentary evidence of any kind.
B. l .c. Statements of the person presenting the evidence.
B. 2 The person against whom the complaint is made may, in
rebuttal , present any of the evidence listed in B. 1 .
ARTICLE C - DETERMINATION OF PROBABLE CAUSE
C. 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.
ARTICLE D - DECISION
D. 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.
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