Ordinance 2019-1782 - Laserfiche WebLink

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shall forward the request to a hearing officer to hear and determine the complaint. J. An informal hearing shall be scheduled as soon as practicable but, unless an enlargement of time is granted, the hearing shall be held within thirty (30) days of the referral of the complaint to the hearing officer. Upon written motion, the hearing officer may grant the respondent a continuance upon a showing of good cause. K. Notice of the hearing and any applicable rules governing the hearing process shall be sent to the complainant and to the respondent, who shall also receive a copy of the entire complaint received by the City Clerk within two (2) business days of the date of the referral to the hearing office. L. Upon the request of either party, the hearing officer may issue an administrative subpoena requiring the attendance of a witness or party in relation to an alleged campaign finance violation, which shall be served on the party to whom it is directed by the requesting party pursuant to Rule 4 of the Colorado Rules of Civil Procedure. It shall be unlawful for a witness or party to fail to comply with such subpoena, and any person convicted of a violation hereof shall be punished in accordance with Section 1.28.010 of this Code. M. At the hearing, the complainant and the respondent shall be allowed to be heard. The complainant shall have the burden of proof by proving the alleged violation by a preponderance of the evidence. N. Following the hearing, the hearing officer shall issue a decision within fourteen (14) business days. The decision may be issued orally at the conclusion of the hearing or may be issued in writing, at the discretion of the hearing officer. O. If the hearing officer determines that a violation has occurred, the hearing officer's decision shall include any appropriate order, sanction or relief authorized hereunder and may include, without limitation, sanctions as follows: 1. Impose the civil penalties set forth in Subsection P; except the hearing officer may increase or reduce the penalties upon a finding of good cause or excusable neglect based on evidence presented at the hearing. 2. Order disclosure of the source and amount of any undisclosed contributions or expenditures. 3. Order the return to the donor of any contribution made which was the subject of the violation. P. Civil fines for violations of Article XXVIII or the FCPA are set forth below. Candidates shall be personally liable for fines imposed against the Ordinance No, 1782, Series 2019 Page 4 of 7