1 Colo. Code Regs. § 211-1-5

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 1 CCR 211-1-5 - Evidence

Basis and Purpose. The statutory authority for this Rule includes, but is not limited to, §§ 24-2-105 and 24-35-103, C.R.S. The purpose of this Rule is to define the evidence procedures applicable in administrative cases before the Colorado Department of Revenue's Hearings Division.

A. The Applicant/Licensee/Respondent or any other witness may testify and present evidence on pertinent issues.

B. The Hearing Officer has broad authority, including but not limited to:

1. The Hearing Officer may exclude irrelevant, repetitious, immaterial, or privileged information or evidence.

2. The Hearing Officer may consider hearsay evidence.

3. The Hearing Officer may question the Applicant/Licensee/Respondent and/or other witnesses testifying under oath.

4. The Hearing Officer may consider and receive documentary evidence, including photocopies or excerpts.

5. The Hearing Officer may continue a hearing in order to subpoena any witness or document relevant to the proceeding.

C. All exhibits entered into evidence shall become a part of the official record of the hearing and, where practicable, will be maintained in electronic format by the Department. The Hearing Officer may require the Applicant/Licensee/Respondent to maintain the original of any exhibit for use on appellate review.

D. The official record of the hearing is kept as an electronic file and it will be maintained pursuant to the Department's records retention policy.

E. To the extent practicable, the Colorado Rules of Evidence apply in all hearings conducted by the Hearings Division. Unless the context requires otherwise, whenever the word "court," "judge," or "jury" appears in the Colorado Rules of Evidence such word shall be construed to mean a Hearing Officer. A Hearing Officer has the discretion to admit evidence not admissible under such rules, as permitted by § 24-4-105(7), C.R.S., or other law. Hearsay evidence is admissible in these hearings unless otherwise ordered by the Hearing Officer.

1. Incorporation by Reference. The Colorado Rules of Evidence incorporated by reference in Rule 5(E) includes only the version that was in effect as of July 2023, and do not include any later amendments or editions. The Colorado Rules of Evidence are available for public inspection during regular business hours at the Office of the Hearings Division at the Department of Revenue, 1881 Pierce Street, Lakewood, CO 80214. The Colorado Rules of Evidence are also available for a reasonable charge from the Hearings Division at this same address, and free of charge from the Hearings Division's website.

F. Audio, video, and other electronic evidentiary displays are permitted unless the Hearing Officer rules otherwise. It is the sole responsibility of the proponent of any electronic evidence to present the evidence in a format that can be played without the use of State-issued computers.

1 CCR 211-1-5

46 CR 21, November 10, 2023, effective 11/30/2023

47 CR 08, April 25, 2024, effective 5/15/2024