1 Colo. Code Regs. § 211-1-6

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

Rule 1 CCR 211-1-6 - Conduct and Decorum

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 conduct and decorum procedures applicable in administrative cases before the Colorado Department of Revenue's Hearings Division.

A. Unless otherwise precluded by law, all proceedings before the Hearings Division are open to the public, except for Taxation Hearings. Participants from the public must identify themselves for the record. Employees of the Department are permitted to attend any Regulatory Hearing or Taxation Hearing.

B. Parties, representatives, and other attendees shall conduct themselves in a professional manner, shall show courtesy and respect for one another and for the Hearing Officer, and shall follow any additional guidelines of decorum prescribed by the Hearing Officer in the proceeding. Attorneys shall always adhere to the Colorado Rules of Professional Conduct.

C. To ensure proper conduct and decorum and the orderly progress of the hearing, the Hearing Officer may take appropriate action, including but not limited to:

1. Excluding any person(s) from the hearing; or

2. Recessing the hearing.

D. The Hearing Officer may restrict hearing attendance due to sequestration of witness(es), the physical limitations of the hearing facility, technological limitations, or other justified reasons.

E. Media access may be limited as provided by the Colorado Code of Judicial Conduct and the Colorado Rules of Civil Procedure.

1. Incorporation by Reference. The Colorado Code of Judicial Conduct and the Colorado Rules of Civil Procedure incorporated by reference in Rule 6(E) include only the versions that were in effect as of July 2023, and do not include any later amendments or editions. The Colorado Code of Judicial Conduct and the Colorado Rules of Civil Procedure 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 Code of Judicial Conduct and the Colorado Rules of Civil Procedure 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. All testimony in Hearings Division proceedings shall be given under oath, administered by the Hearing Officer presiding over the hearing.

1 CCR 211-1-6

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

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