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 Denver
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article XII. ADMINISTRATIVE CITATIONS

  § 2-288. Procedures at administrative hearings.  

Latest version.

  • (a)

    Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow procedures as provided in the rules and regulations. Unless the party appealing the administrative citation objects, hearings shall be open to the public.

    (b)

    The parties to an administrative hearing shall be the responsible party and the affected city department. Parties may be represented by legal counsel. Parties may present evidence; call and question witnesses and cross examine witnesses called by other parties.

    (c)

    The AHO, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing, subpoenas shall be as provided by rules and regulations of the department issuing the citation. The AHO may allow witnesses, other than the responsible party and the investigating enforcement officer, to testify by telephone, provided neither party objects and both parties acknowledge the identity of the witness.

    (d)

    The AHO shall have the power to call and question witnesses, to review and consider the relevancy and probative weight of testimony, documentary or other tangible evidence, to rule on evidentiary questions and witness qualifications, and to generally conduct the hearing in conformance with the procedures and requirements set forth herein and as provided by the rules and regulations of the department issuing the citation.

    (e)

    The city bears the burden of proof at an administrative appeal to establish the existence of a violation of the Code. In the case of a hearing regarding the abatement of a nuisance, the city bears the burden to prove the existence of a public nuisance.

    (f)

    The standard of proof to be used by the AHO in deciding the issues at an administrative hearing is by a preponderance of the evidence.

(Ord. No. 58-08, § 1, 2-4-08)