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. Parties wanting to have supporting documentation
considered shall provide eight copies of said supporting documentation to the
Review Committee at the time of the hearing.
(b) 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.
(c) 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 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) 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 decision 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.
(6) 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.
Notes
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