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Ordinance 2024-1872
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Ordinance 2024-1872
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Last modified
2/13/2025 10:14:56 AM
Creation date
5/9/2024 11:45:53 AM
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City Council Records
Also Known As (aka)
Campaign Finance Regulations__Amending Chapter 2.17
Meeting Date
5/7/2024
Doc Type
Ordinance
Signed Date
5/7/2024
Ord/Res - Year
2024
Ord/Res - Number
1872
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request for an informal hearing before a hearing officer. <br />G. In the event the violation cannot be cured by complying with the <br />reporting requirements in Article XXVlll,_er the FCPA or this Chapter, the person <br />shall propose an alternative resolution to cure the violation to the City Clerk. The <br />City Clerk shall have the discretion to accept, recommend an alternative, or decline <br />the proposed alternative resolution. Acceptance of an alternative resolution by the <br />City Clerk is deemed to be a cure of the violation if made within seven (7) business <br />days of the date of the notice of violation. <br />H. If the person fails to cure or otherwise remedy the violation, the <br />person shall within fourteen (14) days of the date of the notice of violation either <br />pay the fine or contest the violation by submitting to the City Clerk a written request <br />for hearing. <br />I. Upon timely receipt of a written request for a hearing, the City Clerk <br />shall forward the request to a hearing officer to hear and determine the complaint. <br />J. An informal hearing shall be scheduled as soon as practicable but, <br />unless an enlargement of time is granted, the hearing shall be held within thirty <br />(30) days of the referral of the complaint to the hearing officer. Upon written <br />motion, the hearing officer may grant the respondent a continuance upon a <br />showing of good cause. <br />K. Notice of the hearing and any applicable rules governing the hearing <br />process shall be sent to the complainant and to the respondent, who shall also <br />receive a copy of the entire complaint received by the City Clerk within two (2) <br />business days of the date of the referral to the hearing office. <br />L. Upon the request of either party, the hearing officer may issue an <br />administrative subpoena requiring the attendance of a witness or party in relation <br />to an alleged campaign finance violation, which shall be served on the party to <br />whom it is directed by the requesting party pursuant to Rule 4 of the Colorado <br />Rules of Civil Procedure. It shall be unlawful for a witness or party to fail to comply <br />with such subpoena, and any person convicted of a violation hereof shall be <br />punished in accordance with Section 1.28.010 of this Code. <br />M. At the hearing, the complainant and the respondent shall be allowed <br />to be heard. The complainant shall have the burden of proof by proving the alleged <br />violation by a preponderance of the evidence. <br />N. Following the hearing, the hearing officer shall issue a decision within <br />fourteen (14) business days. The decision may be issued orally at the conclusion <br />of the hearing or may be issued in writing, at the discretion of the hearing officer. <br />O. If the hearing officer determines that a violation has occurred, the <br />Ordinance No. 1872, Series 2023 <br />Page 5 of 8 <br />
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