4 CCR 725-2, ch. 15 - BOARD REVIEW OF INITIAL DECISIONS AND EXCEPTIONS
15.1.
Written Form, Filing Requirements, and Service
A. All pleadings must be in written form, and
mailed with a certificate of service to the Board.
B. All pleadings must be filed with the Board
on or before the date the filing is due. Computation of time for the filing
timelines for Chapter 15 of these Rules is pursuant to section
2-4-108, C.R.S. A pleading is
considered filed upon receipt by the Board. Chapter 15 of these Rules do not
provide for any additional time for service by mail.
C. All pleadings must be filed with the Board
and not with the Office of Administrative Courts. Any pleadings filed in error
with the Office of Administrative Courts will not be considered. The Board's
address is:
Colorado Board of Real Estate Appraisers
1560 Broadway, Suite 925
Denver, Colorado 80202
D. All pleadings must be served on the
opposing party on the date which the pleading is filed with the Board.
Electronic service between the parties is encouraged. The date and manner of
delivery must be noted on the certificate of service.
15.2. Initial Decision
Upon receipt of the initial decision prepared and filed by the Administrative Law Judge from the Office of Administrative Courts, the Division will timely mail a copy of the initial decision to the parties at their respective addresses of record with the Board pursuant to section 24-4- 105(16)(a), C.R.S.
15.3.
Board's Authority to Review the Initial Decision
Pursuant to section 24-4-105(14)(a)(II), C.R.S., the Board may initiate a review of an initial decision on its own motion within thirty (30) days of the date on which the Division mails the initial decision to the parties. A letter from the Division initiating the review of the initial decision constitutes a motion within the meaning of section 24-4-105(14)(a)(II), C.R.S.
15.4. Appeal of the
Initial Decision by the Parties
A. Any party
wishing to reverse or modify an initial decision of an Administrative Law Judge
must file written exceptions with the Board in accordance with the procedures
and time frames as set forth in Rule 15.5.
B. If neither party appeals the initial
decision by filing exceptions, the initial decision will become the final order
of the Board after thirty (30) days from the date on which the Division mails
the initial decision pursuant to section
24-4-105(14)(b)(III),
C.R.S. Failure to file exceptions will result in a waiver of the right to
judicial review of the final order of the Board unless the portion of the final
order subject to review differs from the contents of the initial decision
pursuant to section
24-4-105(14)(c),
C.R.S.
15.5. Filing of
Exceptions
A. Pursuant to section
24-4-105(15)(a),
C.R.S., any party seeking to file exceptions must initially file with the Board
a designation of the relevant parts of the record and parts of the hearing
transcript within twenty (20) days of the date on which the Division mails the
initial decision to the parties.
B.
Transcripts:
Any party may designate the entire transcript, or may identify witness(es) whose testimony is to be transcribed, the legal ruling or argument to be transcribed, or other information necessary to identify a portion of the transcript. However, no transcript is required if the Board's review is limited to pure questions of law. The deadline for filing exceptions depends on whether either of the parties designates a portion of the transcript.
1. If the parties do not
designate parts of the transcript, exceptions are due within thirty (30) days
from the date on which the Division mails the initial decision to the parties.
Both parties' exceptions are due on the same day.
2. Any party wishing to designate all, or any
part, of the transcript must adhere to the following procedures:
a. Transcripts will not be deemed part of a
designation unless specifically identified and ordered.
b. If one party designates a portion of the
transcript, the other party may file a supplemental designation in which that
party may designate additional portions of the transcript. The supplemental
designation must be filed with the Board and served on the other party within
ten (10) days after the date on which the original designation was
filed.
c. Any party who designates
a transcript must order the transcript by the date on which they file their
designation with the Board whether they are filing an original or supplemental
designation.
d. The party ordering
a transcript must direct the court reporter or transcribing service to complete
and file with the Board the original transcript and one (1) copy within thirty
(30) days of their order.
e. The
party that designates a transcript must pay for such transcripts.
f. Transcripts that are ordered and not filed
with the Board in a timely manner due to non-payment, insufficient payment, or
failure to direct as set forth above may not be considered by the
Board.
g. Upon receipt of
transcripts identified in all designations and supplemental designations, the
Board will mail a notification to the parties stating that the transcripts have
been received by the Board.
h.
Exceptions are due within thirty (30) days from the date on which such
notification is mailed. Both parties' exceptions are due on the same
date.
C. A
party's exceptions must include specific objections to the initial
decision.
D. Either party may file
a response to the other party's exceptions. All responses must be filed within
ten (10) days of the date on which the exceptions were filed with the Board.
Subsequent replies will not be considered except for good cause
shown.
E. The Board may in its sole
discretion grant an extension of time to file exceptions or responses or may
delegate the discretion to grant such an extension of time to the Board's
authorized representative.
15.6. Request for Oral Arguments
A. All requests for oral argument must be in
writing and included with a party's exceptions or response.
B. The Board or its authorized representative
may grant or deny a request for oral argument. If an oral argument is granted,
each party will have ten (10) minutes to present their argument. Questioning by
members of the Board will not count against the allocated ten (10) minutes.
C. The Board or its authorized
representative may extend the time for oral arguments upon good cause
shown.
15.7. Final Orders
A. The Board may deliberate and vote on
exceptions immediately following oral arguments or the Board may take the
matter under advisement.
B. When
the Board votes on exceptions, whether after oral arguments or at a subsequent
Board meeting, the ruling of the Board will not be considered final until a
written order is issued.
C. The
date of the Board's final order is the date on which the written order is
signed, irrespective of any motions for reconsideration that are
filed.
Notes
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