[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]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-5 Request for Oral Argument

Section 1.	Authority
Section 2.	Scope and Purpose
Section 3.	Applicability
Section 4. 	Rule Regarding Oral Argument Requests 
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.	Request for Oral Argument

K-5.  1.  	All requests for oral argument must be in writing and filed by the deadline for responsive pleadings.
2.	It is within the sole discretion of the Commission 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 of oral argument unless such time is extended by the Commission or its designee.

[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]

Section 5.	Effective Date

This permanent rule shall be effective October 30, 2008.