[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]
DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
BOARD OF REAL ESTATE APPRAISERS
4 CCR 725-2

CHAPTER 13:	DISCIPLINARY PROCEDURES
13.10	EXCEPTIONS AND BOARD REVIEW OF INITIAL DECISIONS

Pursuant to and in compliance with Title 12, Article 61 and Title 24, Article 4, C.R.S. as amended, notice of proposed rulemaking is hereby given, including notice to the Attorney General of the State of Colorado and to all persons who have requested to be advised of the intention of the Colorado Board of Real Estate Appraisers (the “Board”) to promulgate rules, or to amend, repeal or repeal and re-enact the present rules of the Board.

STATEMENT OF BASIS

The statutory basis for the rules titled Rules of the Board of Real Estate Appraisers is Chapter 7 of Title 12, Article 61, Colorado Revised Statutes, as amended.  The General Assembly passed Senate Bill 90-34, effective July 1, 1990, which created the Board and mandated the licensing of real estate appraisers under the statutory terms and conditions.  The General Assembly has variously amended the statutes by passing House Bill 92-1177, House Bill 96-1080, Senate Bill 97-90, House Bill 97-1056, House Bill 00-1137 and House Bill 02-1130.

STATEMENT OF PURPOSE

The purpose of this rule is to effectuate the legislative directive to promulgate necessary and appropriate rules in conformity with the statute and the provisions of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989.  

SPECIFIC PURPOSE OF THIS RULEMAKING

The specific purpose of this rule is to set forth the procedures surrounding the filing of exceptions and review of initial decisions pursuant to § 24-4-105(14) and (15), C.R.S.

Proposed New, Amended and Repealed Rules

[Deleted material shown struck through, new material shown ALL CAPS. Rules, or portions of rules, which are unaffected are reproduced.  Readers are advised to obtain a copy of the complete rules of the Board at www.dora.state.co.us/real-estate/appraisr]

THE PROPOSED RULE: 
DEPARTMENT OF REGULATORY AGENCIES 
DIVISION OF REAL ESTATE 
BOARD OF REAL ESTATE APPRAISERS 
4 CCR 725-2 

Chapter 13:	Disciplinary Procedures
13.10	Exceptions and Board Review of Initial Decisions:
	a.	Written form, service, and filing requirements
1.	All designations of record, requests, exceptions, and responsive pleadings (“pleadings”) must be in written form, mailed with a certificate of mailing to the board and the opposing party.
2.	All pleadings must be filed with the board by 5:00 p.m. on the date the filing is due.  These rules do not provide for any additional time for service by mail.  Filing is the receipt of a pleading by the board.
3.	Any pleadings must be served on the opposing party by mail or by hand delivery on the date on which the pleading is filed with the board.
4.	All pleadings must be filed with the board and not the office of administrative courts. Any designations of record, requests, exceptions or responsive pleadings filed in error with the office of administrative courts will not be considered.  The board’s address is:

		Colorado Board of Real Estate Appraisers
		1560 Broadway, Suite 925
		Denver, CO 80202

	b.	Authority to Review
1.	The board hereby preserves the board’s option to initiate a review of an initial decision on its own motion pursuant to § 24-4-105(14)(a)(ii) and (b)(iii), C.R.S. outside of the thirty day period after service of the initial decision upon the parties without requiring a vote for each case.
2.	This option to review shall apply regardless of whether a party files exceptions to the initial decision.

	c.	Designation of Record and Transcripts
1.	Any party seeking to reverse or modify the initial decision of the administrative law judge shall file with the board a designation of the relevant parts of the record for review (“designation of record”). Designations of record must be filed with the board within twenty days of the date on which the board mails the initial decision to the parties’ address of record with the board.
2.	Even if no party files a designation of record, the record shall include the following:
A.	All pleadings;
B.	All applications presented or considered during the hearing;
C.	All documentary or other exhibits admitted into evidence;	
D.	All documentary or other exhibits presented during the hearing;
E.	All matters officially noticed;
F.	Any findings of fact and conclusions of law proposed by any party; and 
G.	Any written brief filed.
3.	Transcripts:  transcripts will not be deemed part of a designation of record unless specifically identified and ordered.  Should a party wish to designate a transcript or portion thereof, the following procedures apply:
A.	The designation of record must identify with specificity the transcript or portion thereof to be transcribed.  For example, a party may designate the entire transcript, or may identify witness(es) whose testimony is to be transcribed, the legal ruling or argument to be transcribed, or other information necessary to identify a portion of the transcript.
B.	Any party who includes a transcript or a portion thereof as part of the designation of record must order the transcript or relevant portions by the date on which the designation of record must be filed (within twenty days of the date on which the board mails the initial decision to the parties).
C.	When ordering the transcript, the party shall request a court reporter or transcribing service to prepare the transcript within thirty days.  The party shall timely pay the necessary fees to obtain and file with the board an original transcription and one copy within thirty days.
D.	The party ordering the transcript shall direct the court reporter or transcribing service to complete and file with the board the transcript and one copy of the transcript within thirty days.
E.	If a party designates a portion of the transcript, the opposing party may also file a supplemental designation of record, in which the opposing party may designate additional portions of the transcript.  This supplemental designation of record must be filed with the board and served on the other party within ten days after the date on which the original designation of record was due.
F.	An opposing party filing a supplemental designation of record must order and pay for such transcripts and portions thereof within the deadlines set forth above.  An opposing party must also cause the court reporter to complete and file with the board the transcript and one copy of the transcript within thirty days.
G.	Transcripts that are ordered and not filed with the board in a timely manner by the reporter or transcription service due to non-payment, insufficient payment or failure to direct as set forth above will not be considered by the board.

D.	Filing of Exceptions and Responsive Pleadings
1.	Any party wishing to file exceptions shall adhere to the following timelines:
A.	If no transcripts are ordered, exceptions are due within thirty days from the date on which the board mails the initial decision to the parties. Both parties’ exceptions are due on the same date.
B.	If transcripts are ordered by either party, the following procedure shall apply.  Upon receipt of transcripts identified in all designations of record, the board shall mail notification to the parties stating that the transcripts have been received by the board.  Exceptions are due within thirty days from the date on which such notification is mailed.  Both parties’ exceptions are due on the same date.
2.	Either party may file a responsive pleading to the other party’s exceptions.  All responsive pleadings shall be filed within 10 days of the 	date on which the exceptions were filed with the board.  No other pleadings will be considered except for good cause shown.
3.	The board may in its sole discretion grant an extension of time to file exceptions or responsive pleadings, or may delegate the discretion to grant such an extension of time to the board’s designee.

E.	Request for Oral Argument
1.	All requests for oral argument must be in writing and filed by the deadline for responsive pleadings.  Requests filed after this 	time will not be considered.
2.	It is within the sole discretion of the board to grant or deny a request for oral argument.  If oral argument is granted, both parties shall have the opportunity to participate.
3.	Each side shall be permitted ten minutes for oral argument unless such time is extended by the board or its designee.