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A. The complainant shall be allowed to be represented by counsel, the parties shall have the right to present evidence, and cross-examine witnesses. The burden of proof shall be on the town to prove a violation by a preponderance of the evidence.

B. The hearing officer shall make findings of fact for review by the town manager.

C. Upon receipt of the findings of fact, the town manager shall make a final determination as to the penalty imposed.

D. Stipulation in Lieu of Public Hearing: A complainant who has filed an appeal in accordance with this section may contact the town attorney to discuss allegations in the complaint and in attempt to resolve the matter without a hearing; provided, however, the complainant shall contact the town attorney no later than fourteen (14) days prior to the scheduled hearing date.

E. The town manager's decision shall be delivered in writing to the complainant and shall be final, subject to the right of complainant to contest the matter in an appropriate court action commenced under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 6, Series 2023)