[THIS PAGE NOT FOR PUBLICATION IN THE CODE OF COLORADO REGULATIONS]
DEPARTMENT OF REGULATORY AGENCIES
DIVISION OF REAL ESTATE
BOARD OF MORTGAGE LOAN ORIGINATORS
4 CCR 725-3

CHAPTER 6:	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 Mortgage Loan Originators (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 Mortgage Loan Originators is Part 9 of Title 12, Article 61, Colorado Revised Statutes, as amended.  

STATEMENT OF PURPOSE

The purpose of this rule is to effectuate the legislative directive to promulgate necessary and appropriate rules in conformity with the state statutes of the mortgage loan originator licensing and mortgage company registration act.

SPECIFIC PURPOSE OF THIS RULEMAKING

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.

Proposed New, Amended and Repealed Rules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/.

Chapter 6:	Exceptions and Board Review of Initial Decisions

6.1	 Written form, service, and filing requirements
A.	All designations of record, requests, exceptions and responsive pleadings (“pleadings”) must be in written form, mailed with a certificate of mailing to the Board.
B.	All pleadings must be received by the Board by 5:00 p.m. On the date the filing is due.    A pleading is considered filed upon receipt  by the Board. These rules do not provide for any additional time for service by mail.
C.	Any pleadings must be served on the opposing party by mail or by hand delivery on the date which the pleading is filed with the Board.
D.	All pleadings must be filed with the Board and not with 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 Mortgage Loan Originators
1560 Broadway, Suite 925
Denver, Colorado 80202
6.2	 Authority to review
A.	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.
B.	This option to review shall apply regardless of whether a party files exceptions to the initial decision.
6.3	 Designation of record and transcripts
A.	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.
B.	Within ten days after a party’s designation of record is due, any other party may file a supplemental designation of record requesting inclusion of additional parts of the record. 
C.	Even if no party files a designation of record, the record shall include the following:
1.	All pleadings;
2.	All applications presented or considered during the hearing;
3.	All documentary or other exhibits admitted into evidence;
4.	All documentary or other exhibits presented or considered during the hearing;
5.	All matters officially noticed;
6.	Any findings of fact and conclusions of law proposed by any party; and
7.	Any written brief filed.
D.	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:
1.	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.
2.	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).
3.	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.
4.	The party ordering the transcript shall direct the court report or transcribing service to complete and file with the Board the transcript and one copy of the transcript within thirty days.
5.	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.  
6.	An opposing party filing a supplemental designation of record designating additional portions of the transcript 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 Board the transcript and one copy of the transcript within thirty days.
7.	Transcripts that are ordered and not filed with the Board 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 Board.
6.4	 Filing of exceptions and responsive pleadings
A.	 Any party wishing to file exceptions shall adhere to the following timelines:
1.	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.
2.	If transcripts are ordered by either party, the following procedure shall apply.  Upon receipt of all transcripts identified in all designations of record and supplemental 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.
B.	Either party may file a responsive pleading to the other party’s exceptions.  All responsive pleadings shall be filed within ten days of the date on which the exceptions were filed with the Board.  No other pleadings will be considered except for good cause shown.
C.	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.
6.5	 Request for oral argument
A.	All requests for oral argument must be in writing and filed by the deadline for responsive pleadings.
B.	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.
C.	If a request for oral argument is granted, each side shall be permitted ten minutes of oral argument unless such time is extended by the Board or its designee.