[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]

DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
REAL ESTATE BROKERS
4CCR 725-1

K.  Exceptions and Commission Review of Initial Decisions
K-3 Designation of Record and Transcripts

Section 1.	Authority
Section 2.	Scope and Purpose
Section 3.	Applicability
Section 4. 	Rule Regarding Designation of Record and Transcripts. 
Section 5.	Effective Date

Section 1.	Authority

The statutory basis for the adoption of this rule regarding real estate brokers is Parts 1 and 8, of Title 12, Article 61 C.R.S.  The specific rulemaking provisions contained therein are sections 12-61-114(4) and 12-61-114.5, C.R.S.

Section 2.	Scope and Purpose

Pursuant to section 12-61-114, C.R.S., all proceedings before the commission with respect to disciplinary actions and licensure denials shall be conducted by an administrative law judge, pursuant to 24-4-104 and 24-4-105, C.R.S.  Pursuant to 24-4-105, C.R.S., exceptions may be filed regarding initial decisions, and the agency may affirm, set aside or modify the order or any sanction or relief entered therein.

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

Section 3.	Applicability

This rule applies to real estate brokers licensed by the Colorado Real Estate Commission.

Section 4.	Designation of record and transcripts

K-3. 1.  	Any party seeking to reverse or modify the initial decision of the administrative law judge shall file with the Commission a designation of the relevant parts of the record for review (“Designation of Record”).  Designations of Record must be filed with the Commission within twenty days of the date on which the Commission mails the initial decision to the parties’ address of record with the Commission.
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 or considered 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 will 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 Commission 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 Commission an original transcription and one copy within thirty days.
d.	The party ordering the transcript shall direct the court report or transcribing service to complete and file with the Commission 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 Commission 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 or portions thereof within the deadlines set forth above.  An opposing party must also cause the court reporter to complete and file with the Commission the transcript and one copy of the transcript within thirty days.
g.	Transcripts that are ordered and not filed with the Commission in a timely manner by the reporter or the transcription service due to non-payment, insufficient payment or failure to direct as set forth above will not be considered by the Commission.

[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]

Section 5.	Effective Date

This permanent rule shall be effective October 30, 2008.