Appeals.
Denver Revised Municipal Code § 58-5
in effectSec. 58-5. - Appeals.
Notwithstanding the provisions in section 2-286, any determination of the auditor related to this article shall be reviewable as follows:
(a) Any person may petition the auditor for a hearing concerning the determination to assess a civil penalty pursuant to this article. Such petition shall be submitted in writing to the auditor for a hearing no later than thirty (30) days after notice of any such determination. Compliance with the provisions of this section shall be a jurisdictional prerequisite to appeal any determination made by the auditor pursuant to this article, and failure to comply shall bar any such appeal. Appeals to the auditor from any notice or order shall stay all administrative enforcement proceedings. However, nothing in this section shall preclude or limit a worker from initiating a private cause of action pursuant to this article.
(b) The auditor is authorized to appoint one (1) or more hearing officers to certify the record or a summary thereof as required by the auditor, along with the hearing officer's findings, conclusions, and decision. The hearing, if any, shall take place in the city, and notice thereof and the proceedings shall otherwise be in accordance with rules and regulations issued by the auditor. The designated hearing officer may hold hearings pursuant to this article, subpoena witnesses and compel their attendance, administer oaths and take the testimony of any person under oath, and compel witnesses to produce for examination books and papers related to the subject matter of the appeal. The facts and figures submitted shall be submitted under oath or affirmation either in writing or orally at a hearing scheduled by the hearing officer. The petitioner shall bear the burden of proving the allegations in the petition by a preponderance of the evidence. Following a hearing, if any, the hearing officer shall make a final determination, which may be reviewed under Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
(Ord. No. 1614-22, § 1, 1-9-23)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH58WAWOPR_ARTIWA_DIV1INGE_S58-5APFetched: 10/27/2026
