6.1. Written Form, Filing Requirements, and
Service
A. All pleadings must be in written
form, mailed with a certificate of service to the Commission.
B. All pleadings must be filed with the
Commission on the date the filing is due. Computation of time for the filing
timelines for Chapter 6 of these Rules is pursuant to section
2-4-108, C.R.S. A pleading is
considered filed upon receipt by the Commission. Chapter 6 of these Rules does
not provide for any additional time for service by mail.
C. All pleadings must be filed with the
Commission and not with the Office of Administrative Courts. Any pleadings
filed in error with the Office of Administrative Courts will not be considered.
The Commission's address is:
Colorado Real Estate Commission 1560 Broadway, Suite 925
Denver, CO 80202
D. All
pleadings must be served on the opposing party on the date which the pleading
is filed with the Commission. Electronic service between the parties is
encouraged. The date and manner must be noted on the certificate of
service.
6.2. 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 Commission pursuant to section
24-4-105(16)(a),
C.R.S.
6.3. Commission's
Authority to Review the Initial Decision
Pursuant to section
24-4-105(14)(a)(II),
C.R.S., the Commission 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.
6.4. 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 Commission in accordance with the
procedures and time frames as set forth in Rule 6.5.
B. If neither party appeals the initial
decision by filing exceptions, the initial decision will become the final order
of the Commission 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 Commission 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.
6.5. 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
Commission a designation of the relevant parts of the record and of parts of
the transcript of the hearing 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
Commission'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 Commission 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 Commission 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 Commission 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 Commission in a timely
manner due to non-payment, insufficient payment, or failure to direct as set
forth above may not be considered by the Commission.
g. Upon receipt of transcripts identified in
all designations and supplemental designations, the Commission will mail a
notification to the parties stating that the transcripts have been received by
the Commission.
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 Commission. Subsequent
replies will not be considered except for good cause shown.
E. The Commission 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 Commission's
designee.
6.6. Request
for Oral Arguments
A. All requests for oral
argument must be in writing and included with a party's exceptions or
response.
B. It is within the sole
discretion of the Commission to grant or deny a request for oral argument. The
Commission generally does not grant requests 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 Commission will not count against the
allocated ten (10) minutes.
C. The
Commission or its designee may extend the time for oral arguments upon good
cause shown.
6.7. Final
Orders
A. The Commission may deliberate and
vote on exceptions immediately following oral arguments or the Commission may
take the matter under advisement.
B. When the Commission votes on exceptions,
whether after oral arguments or at a subsequent Commission meeting, the ruling
of the Commission will not be considered final until a written order is
issued.
C. The date of the
Commission's final order is the date on which the written order is signed,
irrespective of any motions for reconsideration that are filed.
