Section 3-7-1. Definitions.

As used in this article, except where the context clearly indicates otherwise:

"Agency" means any officer, board or commission of the City authorized by ordinance to hold quasi-judicial hearings, or to grant, deny, suspend or revoke any license or permit, and includes any licensing authority composed of members of the whole of the City Council, but does not include the City Council in its capacity as the legislative body of the City.

"Public hearing" means a hearing called and held upon notice for a purpose provided by law or by ordinance, which hearing shall be open to the public.

"Party" means and includes any person directly involved, or whose property is directly involved, in any hearing or proceeding, and includes any person, agency, department, board or officer made a party to law, ordinance or rule.

"Person entitled to notice" means and includes any party and any person required by law, ordinance or rule to be given notice, but does not include a person to whom notice is provided to be given by publication, posting or by any method specifically provided by ordinance.

"Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:

The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or

The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or

The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule or ordinance which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement.

An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, ordinance or rule.

All terms defined by Section 18-1-1 of the Municipal Code of the City of Northglenn shall have the same meaning when used in the provisions of this article.

[Source: Ord. 392, 1975]

Section 3-7-2. Purpose--Construction. The provisions of this article are enacted to provide and shall be construed to assure due process of law to all parties to administrative proceedings and quasi-judicial hearings.

[Source: Ord. 392, 1975]

Section 3-7-3. Application. In any proceeding before an agency of the City of Northglenn, in which an opportunity for a hearing is required by ordinance, by law, or by the constitution of this state, the parties shall be entitled to a hearing and decision in conformity with the provisions of this article.

[Source: Ord. 392, 1975]

Section 3-7-4. Notice.

Any person entitled to notice of a hearing shall be given timely notice of the time, place, nature thereof, the legal authority and jurisdiction under which it is to be held, and the subject matter of the hearing.

In the absence of provision by ordinance or by rule for the time of notice, ten (10) days notice shall be deemed reasonable and timely, except as provided in Section 3-7-4(c).

The agency, by order based upon reasons stated in the order, may modify the time of notice under Section 3-7-4(b).

[Source: Ord. 392, 1975]

Section 3-7-5. Fixing Time and Place of Hearing.

In fixing the time and place of a hearing, due regard shall be had for the convenience and necessity of the parties and their representatives.

Except when otherwise provided by ordinance or by rule, the time and place of hearing shall be fixed by the agency, or in the case of a board, commission or body which comprises an agency, by the chairman or presiding officer of such agency.

[Source: Ord. 392, 1975]

Section 3-7-6. Presiding Officer.

At any public hearing before an agency, only one of the following may preside:

The chairman of the agency;

A member of the body which comprises the agency;

The officer who comprises the agency;

The authorized deputy or assistant of an officer who comprises the agency; or

A hearing officer whose appointment is authorized by ordinance.

The functions of a presiding officer shall be conducted in an impartial manner.

No person shall act as a presiding officer in a hearing concerning a matter in which such person or a member of his family has a personal financial interest.

[Source: Ord. 392, 1975]

Section 3-7-7. Authority of Presiding Officer. Any presiding officer shall have authority, within the limitations of the ordinance authorizing the hearing, to:

Administer oaths and affirmations.

Authorize the issuance of subpoenas, if the power of subpoena is provided by ordinance or by law.

Rule upon offers of proof and receive evidence.

Regulate the course of the hearing.

Set the time and place for continued hearings.

Fix the time for filing of papers, documents and briefs.

Require any persons intending to speak at the hearing to register with the secretary or a clerk their names and addresses, and, where applicable, their support or opposition to the subject matter of the hearing.

Issue appropriate orders which shall control the course of the proceedings.

Announce the rulings of the agency on motions and procedural matters.

Reprimand or exclude from the hearing any person for any improper or indecorous conduct in the presence of the agency.

Take any other action authorized by ordinance or by agency rule consistent with ordinance and law.

[Source: Ord. 392, 1975]

Section 3-7-8. Burden of Proof.

In any quasi-judicial hearing, except as otherwise provided by ordinance or by law, the burden of proof shall be upon:

The proponent of an order;

The applicant for any license, permit, privilege or right;

The complainant in any proceeding for cancellation, suspension or revocation of any license, permit, privilege or right;

The party appealing from any decision of an officer, agency, board, or commission of the City of Northglenn;

In any case, not otherwise herein provided for, the party initiating the proceeding.

Except as otherwise provided by ordinance or by law, the burden of proof shall be a preponderance of the evidence.

Nothing contained in this section shall affect or negate any provision of an ordinance or statute requiring the vote of a specified number of members of any agency upon a decision.

[Source: Ord. 392, 1975]

Section 3-7-9. Rights of Parties to Present Evidence.

Every party to a hearing shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

Every party to a hearing and every person compelled to testify or to submit data or evidence at any hearing shall be entitled to the benefit of counsel.

In any hearing in which a record is made, every party to the hearing shall be entitled, upon payment of reasonable charges therefore, to obtain a copy of the transcript of the record.

[Source: Ord. 392, 1975]

Section 3-7-10. Order of Procedure.

Except as otherwise provided by statute, ordinance or rule:

At the opening of a hearing, the presiding officer shall announce the nature of the hearing, the parties thereto, the legal authority and jurisdiction under which it is held, and the subject matter thereof.

The agency shall hear and determine any objections to the jurisdiction, or to the form or substance of the proceedings.

Opening statements may be made or waived by any party to the proceedings, or such opening statement may be reserved to a later time in the proceedings.

The order of presentation of evidence in any proceeding concerning an application for a permit, right, privilege or license, shall be:

The applicant and all persons in support of the application;

All persons opposed to the application;

All other persons entitled to be heard.

The order of presentation of evidence in a quasi-judicial proceeding other than an application as described Section 3-7-10 (b), shall be:

The party having the burden of proof;

The responding or opposing party;

All other persons entitled to be heard.

Any witness testifying in a hearing shall be subject to examination or cross examination by any party, counsel for any party or the agency, or the agency.

Any party to the proceedings shall be afforded the opportunity to rebut testimony or evidence of another party, if request therefore is made during the hearing and such party is ready to proceed therewith without delaying or obstructing the hearing.

[Source: Ord. 392, 1975]

Section 3-7-11. Decision.

After the close of a public hearing, the agency shall render a decision within the time provided by ordinance or by law, or within a reasonable time.

Such decision shall be reduced to writing and communicated to all parties to the hearing.

The time for application for rehearing or appeal of any decision shall begin to run from the date of the decision.

[Source: Ord. 392, 1975]

Section 3-7-12. Time for Rehearing or Appeal.

Except as otherwise provided by ordinance or by law, an application for rehearing shall be made:

Within the time fixed by the agency at the time of announcement of the decision; or

Within ten (10) days after the decision.

Except as otherwise provided by ordinance or by law, an appeal from a decision shall be commenced by filing with the agency, within ten (10) days after the decision, a notice of appeal, subject to the following limitations:

This Section 3-7-12 shall not create a substantive right to appeal except as provided in subsection (b)(2);

Unless as otherwise provided by ordinance, statute, law or rule, an applicant may not appeal a determination by the agency unless:

Applicant identifies with particularity an error of law made by the agency; or

Applicant identifies with particularity newly discovered material evidence that the applicant could not, with reasonable diligence, have discovered and produced at the original hearing.

The provisions of this section relating to time are procedural and shall not be construed to create or confer any right to rehearing or appeal nor to affect any right to rehearing or appeal otherwise provided by ordinance, statute, law or rule.

[Source: Ord. 392, 1975; 1696, 2015]

Section 3-7-13. Perjury.

Proceedings of an agency of the City of Northglenn are "official proceedings" within the meaning of Section 10-8-501 (5), Colorado Revised Statutes, 1963, as amended.

Perjury or false swearing in proceedings before an agency may be punishable as a criminal offense under the laws of the State of Colorado.

[Source: Ord. 392, 1975]

Section 3-7-14. Disqualification for Interest.

A member of an agency shall be disqualified from participation in a hearing or decision concerning a matter in which such person or a member of his family has a personal financial interest.

Any member of an agency shall disqualify himself from participation in a hearing before the agency if he has any of the following relationships with a party, other than the City, whose rights or property are or may be affected or determined in such hearing:

Attorney and client;

Accountant and client;

Principal and agent;

Medical doctor and patient;

Employer and employee;

Guardian and ward; or

Trustee and beneficiary.

Any member of an agency who has, toward a party whose rights or property are or may be affected or determined in such hearing, such prejudice, antagonism or other personal relationship that he could not fairly and impartially hear and determine the case, shall disqualify himself.

Whenever a member of an agency is disqualified under the provisions of this section, the number of members required to constitute a quorum, a majority, or the whole of the membership shall be determined without counting such disqualified member, except that:

Where the vote of a specified number of members is required by statute for a decision of the matter, the mayor shall appoint as hearing officers such number of registered electors of the City as may be required to replace all disqualified members.

When one person who comprises an agency is disqualified, the hearing shall be conducted by the City Manager, except that if the disqualified person is the City Manager, the hearing shall be conducted by the Mayor.

[Source: Ord. 392, 1975]