Specialized Business Group Regulatory Hearings

Applicants for Motor Vehicle Salesperson licenses whose applications are denied, and holders of such licenses who are disciplined by revocation or suspension of the license by the Motor Vehicle Dealer Board may request a hearing on such action. These hearings are conducted by the Hearings Division by a Hearing Officer who issues an Initial Decision that is reviewed by the Motor Vehicle Dealer Board.  The Final Order issued by the Motor Vehicle Dealer Board constitutes Final Agency Action.

• Appeal (“Exceptions”): Pursuant to § 24-4-105 C.R.S., you may appeal this Initial Decision of the Hearing Officer by filing in writing “Exceptions to the Initial Decision” with the Motor Vehicle Dealer Board within thirty (30) days after the date of service of the Initial Decision.

The Hearings Division does not hear cases from the Division of Gaming.

The Hearings Division conducts hearings on determinations by the state licensing authority on state liquor license denial and discipline. The Hearings Division also conducts hearings for the enforcement of laws relating to the prohibition of the sale of cigarettes and tobacco products to minors.
The Executive Director’s Office issues the Final Determination in these cases.

Regulatory Hearings: Liquor
Hearings are conducted under §24-4-105 C.R.S.  The Hearings Division’s decision is an Initial Decision, and the Final Determination is issued by the State Licensing Authority.  §44-3-802 provides that anyone seeking review of the State Licensing Authority ‘s decision shall apply for review within thirty days of the date of decision.

Regulatory Hearings: Tobacco
The Hearings Division conducts hearings on retailer violations of state tobacco laws.  A retailer accused of selling cigarettes, tobacco products, or nicotine products to a minor under §44-7-103, C.R.S. may have a hearing before a hearing officer under §44-7-105, C.R.S.  
 
The hearing officer’s findings are final and appealable to the Colorado Court of Appeals pursuant to § 24-4-106, C.R.S. within forty-nine days of service of the hearing officer’s  final order. 
 
Statutes and regulations applicable to tobacco sales apply to these hearings.

The Hearings Division conducts hearings on denials of retail and medical marijuana applications and discipline of retail and medical marijuana license holders.   These hearings are conducted by a Hearing Officer who issues an Initial Decision that is reviewed by the Executive Director (or their delegate) of the Colorado Department of Revenue.  This person also serves as the state licensing authority where applicable.

• Appeal (“Exceptions”):  If you wish to appeal the Initial Decision, you must file “Exceptions” with the Executive Director’s Office. The procedures and deadlines for filing exceptions are outlined in subsections §24-4-105(14) and (15), C.R.S. and an explanation is attached to the Initial Decision sent to the parties.

Racing matters are within the jurisdiction of the Racing Commission pursuant to Title 44, article 32.  As provided in §44-32-509, licensing and fine matters shall be conducted pursuant to §24-4-104 and §24-4-105.  Pursuant to §24-4-105(3), only “the agency, an administrative law judge from the office of administrative courts, or, if otherwise authorized by law, a hearing officer who if authorized by law may be a member of the body which comprises the agency” may preside over such hearings.

 However, “[t]he commission may delegate its authority to conduct hearings and impose discipline with respect to the denial or suspension of licenses or the imposition of a fine to the division, through its board of stewards or judges, or a hearing officer.  Proceedings before the division, through its board of stewards or judges, or a hearing officer shall not be governed by the procedural or other requirements of § 24-4-104 and 24-4-105, but rather shall be conducted in accordance with rules adopted by the commission.”  §44-32-509, C.R.S.  

Thus, only if the Racing Commission or Division so requests, the Hearings Division may conduct a hearing on a racing matter, and if so, such hearings will be conducted pursuant to statutes and rules applicable to racing matters.

• Appeal:  Appeal of a Hearings Division decision is to the Racing Commission.  1 CCR 208-1, Rule 6.400