Your case will be heard and decided by an impartial hearing officer. The impartial hearing officer hears many types of cases that arise in the Elections and Business & Licensing Divisions within the Department of State.

Jump to a topic:
General questions
Schedule a hearing
Getting ready for a hearing
The Hearing
Appeals

General questions

Where can I find the documents in my case?

The Hearing Officer Docket is publicly available and contains most of the documents in your case.

How do I submit documents in my case?

Any filings made to the hearing officer must be sent to the following email address: AdministrativeHearingOfficer@coloradosos.gov. You must provide a copy of all filings to the other party (through their attorney, if they have one), and may do so by email.

What if I cannot find the documents in my case online?

If you cannot find your case’s documents on the Hearing Officer Docket, email AdministrativeHearingOfficer@coloradosos.gov.

Who are the parties to a case?

• A division of the Department of State (such as the Elections Division or the Business & Licensing Division), represented by the Attorney General’s office.
• Respondent, a person or entity that is the subject of the complaint filed by the division or its designee or Complainant, an individual filing a complaint to the hearing officer.

What is the process at the hearing office and what are these documents that I have received?

Complaint: The first document filed with the hearing office that includes the claims against the other party and the potential remedy that a hearing officer can provide.

Answer: A written response within 30 days of the complaint that admits or denies the allegations raised in the complaint.

Scheduling order / Notice of hearing: Sets deadlines for when documents must be filed with the hearing officer and sets the date and time of the hearing.

Discovery: The formal process for exchanging information, documents, and other evidence between the parties so both parties can adequately prepare their side of the case.

Motion: A formal, written request or proposal made by any party to the hearing officer for an order, ruling, or decision.

Motion for default: a special motion to the Hearing Office when the respondent fails to provide an answer, which requests that the hearing officer issue an order against the respondent without a hearing.

Exhibits: Documents or physical evidence that are presented at the hearing to prove facts or support a party’s argument in the case.

Prehearing statement: Outlines the issues, evidence, and witnesses the party will address at the hearing, and must comply with 8 CCR 1505 rule 3.11.

Hearing before the hearing officer: A formal legal proceeding, where a hearing officer resolves disputes between individuals or entities and a division of the Colorado Department of State.

Oral or written initial decision by the hearing officer: the final order of the hearing officer (unless modified due to filed objections).

Scheduling a hearing

How do I get a hearing?

Professional licensing cases: When an agency files a disciplinary case against your license, it will file a complaint with the hearing office to start the hearing process. If you are appealing the denial of an application for a license, the agency will send you information about how to request a hearing.

Other case types: In general, if the Department of State is seeking a penalty or sanction against you, the agency will file a Complaint with the hearing office to start the hearing process. In these cases, you will receive a copy of the agency's filings, and you will need to file an Answer to the Complaint. A hearing will be scheduled within 30 days of the Complaint being filed with the hearing office.

Where will my hearing be held?

1700 Broadway, Denver CO 80290, in the conference room next to Suite 550.

 What if I can’t be there on the day of my hearing?

If you can't attend the hearing on the scheduled date and time, you should contact the other party as soon as possible and ask if they agree to change the hearing date. 

• If they agree: File an unopposed motion with the hearing officer to change the hearing date.
• If they don't agree: Immediately file a motion asking to reschedule the hearing. You need a good reason to change a hearing date, so be sure to explain why you need more time.

The earlier you make your request, the better your chances of having it approved by the hearing officer. If your request is approved, the hearing officer may issue an updated scheduling order with the new hearing date and time.

What happens if I don’t go to my hearing?

Missing your hearing can have serious consequences. If you cannot provide a valid reason, the hearing officer may dismiss your case or impose the sanctions or penalties requested by the Department of State.

Can I resolve the issues before a hearing?

Yes! The parties may engage in settlement negotiations prior to the hearing. If you reach a resolution, the parties will work together to let the hearing officer know the case was resolved. In some cases, mediation is mandatory, but you will get to help choose the mediator. You may choose to be represented by an attorney throughout this process.

Getting ready for a hearing

Should I represent myself in my case?

At a hearing, you may be represented by an attorney, or you may represent yourself. The hearing office cannot appoint an attorney to represent you. If you need to find an attorney, the Colorado Bar Association provides a list of attorneys who practice in a variety of subject areas. It is up to you to decide whether to hire an attorney to represent you. You may choose to represent yourself, but an attorney likely is more qualified to help you present your case to the hearing officer. An attorney can also often help you decide whether you need representation. Remember, the hearing officer is neutral and may not give legal advice to you or the other party.

If you choose to represent yourself at the hearing, you must be familiar with the laws governing your case. You must also be familiar with the Colorado Department of State’s rules governing the hearing procedures and with the Colorado Rules of Evidence.

Staff and hearing officers at the hearing office may answer procedural questions, like: "How do I request a hearing?" But, they are not allowed to answer questions about the facts of your case or give you legal advice.

How do I get information I need for evidence?

You should consider what evidence you need to bring to the hearing to prove your case. For example, you might want to consider offering documentary evidence, such as records or pictures, your testimony, and the testimony of other witnesses who know about the facts and issues involved in the case.

If you cannot get the documents or witnesses you need voluntarily, you can ask the hearing office to issue a subpoena. You can also obtain records from the opposing party through formal discovery. If the other party refuses to cooperate with your request, consider setting a prehearing conference with the hearing office to resolve the dispute or to obtain subpoenas. The hearing officer can conduct prehearing conferences to rule on motions, resolve disputes, and assist in issuing subpoenas.

What are the subpoena procedures for witnesses or for obtaining records?

You have the right to subpoena relevant records, or other things relevant to your case, from individuals, businesses, and government agencies. You can also subpoena witnesses to attend the hearing. A witness can voluntarily come to the hearing; however, a subpoena protects your right to have that person testify if their testimony is relevant to your case.

• A Subpoena to Appear requires someone to attend a scheduled case event (for example, a deposition or hearing). It must be personally served on that person no later than 48 hours before the date of the event, not counting weekends and holidays.
• A Subpoena for Production of Documents requires someone to provide you with documents or other potential evidence (or to require a witness to bring certain documents with them to a case event in the case of a subpoena duces tucum) by a certain date. It must be personally served on a person no later than 14 days before the required date of compliance, not counting weekends and holidays.

To obtain a subpoena:

1. Get a hearing office-approved subpoena or subpoenaduces tecum form by contacting the hearing office
2. Fill the form out completely
3. Provide the form(s) to the hearing officer for signature
4. Have it served on the witness or the custodian of the documents you need and provide a copy to the opposing party, and pay all fees and costs, and
5. Make sure the "return of service" on the subpoena is completed and filed with the hearing office.
6. You must arrange to pay the required fees, including mileage, and have someone else serve the subpoena. Please review C.R.C.P. Rule 45 for all subpoena requirements.

What happens when a party files a motion?

After one party files a motion, the other party has 14 days (or as long as a hearing officer determines) to respond in a responsive brief. Then, the initial party has 7 days (or as long as a hearing officer determines) to file a reply to the responsive brief. The hearing officer will then issue an order with their decision within 21 days.

The hearing

What happens at a hearing?

At the hearing office, an impartial hearing officer will preside over the hearing to rule on the admissibility of evidence, swear in witnesses, and generally conduct the hearing. These hearings are formal, trial-like proceedings where the hearing office is guided by the Colorado Rules of Evidence. The hearing officer will issue an oral or written order following the hearing.

Are the hearings confidential?

Hearings are open to the public and any individual may attend. Hearing times and dates are posted on the Hearing Officer Docket.

How long will my hearing take?

Depending on the type of hearing, the number of witnesses, and the amount of evidence, a hearing can generally take somewhere between 15 minutes and a couple of days. However, most hearings last between 1 and 4 hours.

What if I need an interpreter?

If you need a language interpreter, the hearing office will provide one for you for free. Please request an interpreter by emailing AdministrativeHearingOfficer@coloradosos.gov as soon as possible before your hearing. Late requests may delay your hearing.

Are hearings accessible to people with disabilities?

The hearing room is accessible for people with disabilities. The Department will provide individuals who have a disability with reasonable accommodations or modifications upon request, such as sign language interpretation. If you need accommodations or modifications, please complete an accommodation request form or contact us by email at accessibility@coloradosos.gov or by phone at 303-894-2200, preferably seven (7) days before the activity or event.

Understanding the hearing process

1. Check in

   On the date of the scheduled hearing, the parties should check in with the clerk in the hearing room on the 5th Floor of 1700 Broadway. The clerk will open the hearing office once security is present. If the hearing is held remotely, via a videoconferencing platform, due to a formal, written request, the parties must email all documents they plan to present 48 hours in advance of the hearing. Each party shall put its exhibits in a single pdf file, with each exhibit labeled and bookmarked. The exhibit “labels” must contain the exhibit number or letter, the hearing date and the case number. The Division shall use exhibit numbers (Ex. 1, Ex. 2, etc.) and the respondent shall use letters (Ex. A., Ex. B, etc.) If you intend to present witnesses, have your witnesses available in the hearing room before the hearing begins. Witnesses may be sequestered (sent outside of the hearing room until they are called to testify) upon request of either party. If you wish to present witness testimony by telephone, notify the hearing officer of this request in writing well in advance of the hearing date. Send a copy of your request to the other party.

2. Opening statements and presenting evidence

   When the hearing begins, the hearing officer may ask each party for an opening statement, where each party explains what the issues are and what each party intends to prove. The hearing officer will then ask one party, usually the Department of State, to present its evidence first.

   Your hearing will be very similar to a trial in court, with witnesses and exhibits presented by all parties. An attorney may represent you or the other party to your case. Parties should be aware of the Colorado Rules of Evidence when presenting evidence and making objections at the hearing.

   The party should call witnesses and present exhibits in whatever order the party believes best. If a party asks the hearing officer to consider exhibits, the party must have sufficient copies to do so at the hearing. Once the first party has concluded their case, the opposing party will be invited to present evidence.

   Witnesses (which can include parties ) will be placed under oath by the hearing officer. In many cases, the parties may be the only witnesses. If you call witnesses, you may ask them questions about the facts of your case (direct examination). After you are finished asking questions, the lawyer for the other party will ask questions (cross-examination). You may then ask more questions about matters brought up by the other party (redirect examination). The hearing officer may also ask questions.

   Exhibits may include records, contracts, text messages, audio or video recordings, photographs, emails, transcripts, timelines, graphs, invoices, receipts, emails, memos, letters, etc. You must provide copies of exhibits to the opposing party or lawyer prior to the hearing within the time frame ordered by the hearing officer in the initial scheduling order. Unless the other party agrees, exhibits should not include a written statement by a witness who is not present to testify at the hearing. The hearing officer will only consider evidence admitted at the hearing.

   Either party may object to admitting certain exhibits into evidence.The hearing officer will decide whether to allow exhibits into evidence.

3. Conclusion of the hearing

   After hearing all testimony and admitting the exhibits, the hearing officer will provide each party the chance to make a closing argument. Closing arguments can only address facts brought out in testimony of the witnesses or in exhibits received into evidence. Closing argument is not a chance to testify, and you may not mention things that were not received in evidence. Sometimes the hearing officer may allow the parties to make a closing argument in writing after the hearing.

   The hearing officer may issue a ruling at the end of the hearing or the hearing officer may take additional time to review the evidence before issuing a ruling. If the hearing officer needs additional time to review the evidence, the hearing officer will issue a written order within 21 days after the hearing.

   The hearing officer's initial decision:

   You should carefully read the hearing officer's written order, both the statement of facts and the conclusions of law.The order will also contain written instructions and procedures for you to follow.

Appeals

What if I don’t agree with the hearing officer’s initial decision?

If you wish to reverse or modify the hearing officer's initial decision, you must:

• Designate within 20 days of the initial decision the record to the Deputy Secretary by stating the relevant parts of the record and transcript of the proceedings that you want the Deputy Secretary to review. If you want transcripts of the hearing included, you must file a designation of transcripts and pay for the transcript of the hearing at your own expense.
• File exceptions (written objections to the initial decision, which include specific errors in the initial decision of facts or law) with the Deputy Secretary within 30 days of the initial decision.

If exceptions are not filed by either party within 30 days and the Deputy Secretary does not initiate review on their own, then the initial decision becomes final. If a party did not file exceptions, the party gives up the right to an appeal of the final agency action in the district court.

How can I get a transcript of the hearing?

Please contact the hearing office for the audio of the hearing. You will then need to contact a certified court report to order a transcript of the audio and file it with the Deputy Secretary. A transcript is not required if the requested review is limited purely to a question of law.