Disposition upon Hearing: Usually the decision is made at the conclusion of the hearing. However, the Board may take the case under advisement. On most hearing days, you may call the office of the Board (720-913-3050) after 3:00 P.M. that day to be advised of what decision, if any, was made. The Board may call for an Executive Session under Article III, Chapter 1, R. M. C. to evaluate evidence including the credibility of witnesses. The motion and vote will be made at a session open to the public. The Action of the Board is typed, filed in the office of the Board, and mailed to all parties of interest, and to the persons who appeared and signed the register in the office of the Board prior to the hearing. Appeals that are denied are administratively given thirty (30) days to comply, that which includes the time for appeal to the District Court. Findings of Fact and Conclusions are formally approved and adopted by the Board, and filed as public record, within two weeks after the decision.
Reconsideration, Rehearing or Review
1. No application Dismissed or Denied can be considered again except upon a request for rehearing or modification filed with the Board within thirty (30) days of the final decision setting forth:
(a) That new evidence has been discovered which could not have been presented at the original hearing.
(b) The reasons why the evidence could not have been presented.
(c) Submission of the new evidence or an offer of proof of new testimony.
2. Upon receipt of a request for a rehearing or modification conforming to Paragraph 1 above, the Board may upon motion by a member who voted on the prevailing side on the original decision, and by four (4) affirmative votes, grant a rehearing or modify the original decision. All parties appearing at the previous hearing(s) shall be notified in writing of the date of any rehearing. One-half of the original filing fee shall be paid by the person granted the rehearing and the notices required in Article IV shall be repeated.
3. The Board may also, on its own motion, review its decisions. If it changes a previous decision, this shall not prejudice anyone who has relied on the original decision.
Appeals to District Court
Any person aggrieved by a decision of the Board may appeal, under Rule 106, Colorado Rules of Civil Procedure, the decision to the Denver District Court within twenty eight (28) days after the date of the filing of the Board’s decision in the office of the Board (i.e., the date that the decision was made).
A Registered Neighborhood Organization may file an appeal if the property concerned falls within the neighborhood it represents (see Section 41-19 R.M.C.).