Section 12-100-123 - Hearings before board - notice - procedure - review

(1)(a) The board may initiate proceedings under this article 100, either on its own motion or on the complaint of any person.(b) The board, through the department, may employ administrative law judges on a full-time or part-time basis to conduct hearings as provided by this article 100 or on any matter within the board's jurisdiction upon such conditions and terms as the board may determine.(2) Except as otherwise provided in this article 100, all proceedings before the board with respect to the denial, suspension, or revocation of certificates or registrations issued under this article 100 shall be conducted pursuant to the provisions of sections 12-20-403, 24-4-104, and 24-4-105.(3) If, after having been served with the notice of hearing as provided for in this section, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against the accused and may enter such order as is justified by the evidence, which order shall be final unless the accused petitions for a review thereof as provided in this section. Within thirty days after the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the

sed petitions for a review thereof as provided in this section. Within thirty days after the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf.(4) At all hearings, the attorney general of this state or one of the attorney general's designated assistants shall appear and represent the board.(5) The decision of the board shall be by majority vote thereof.Renumbered from C.R.S. § 12-2-125 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.L. 59: p. 140, § 21. CRS 53: § 2-2-21. C.R.S. 1963: § 2-1-21. L. 77: Entire section R&RE, p. 601, § 11, effective July 1. L. 90: (1) and (2) amended, p. 756, § 24, effective July 1. L. 2004: (4) amended and (4.5) added, p. 1794, § 4, effective August 4. L. 2010: (3) and (5) amended, (HB 10 -1236), ch. 146, p. 504, § 25, effective July 1.This section is similar to former § 12-2-125 as it existed prior to 2019.