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A. An applicant for a special event permit who disputes any determination made by or on behalf of the town pursuant to the authority of the manager, which determination adversely affects such person, may petition the manager for a hearing concerning such determination no later than thirty (30) days after having been notified of any such determination. Compliance with the provisions of this subsection shall be a jurisdictional prerequisite to any action brought under the provisions of this section, and failure of compliance shall forever bar any such action.

B. The manager may hold such hearing themselves or they have the sole discretion to designate a hearing officer to hold such hearing or such hearings.

C. Such petition shall be in writing, and the facts and figures submitted shall be submitted under oath or affirmation either in writing or orally at a hearing scheduled by the manager or the hearing officer. The hearing, if any, shall take place at Town Hall, and notice thereof and the proceedings shall otherwise be in accordance with rules and regulations issued by the manager.

D. The burden of proof shall be on the proponent of a claim or issue to prove such claim or issue by a preponderance of the evidence, and on the party raising any affirmative defense or matter of mitigation to prove such affirmative defense or matter of mitigation by a preponderance of the evidence. "Preponderance of the evidence" means to prove that something is more probably true than not.

E. Thereupon, the manager shall make a final determination. Such final determination shall be considered a final order of the manager and may be reviewed under Rule 106(a)(4) of the Colorado Rules of Civil Procedure by the petitioner or by the town.

F. The district court of the fifth judicial district of the State of Colorado shall have original jurisdiction in proceedings to review all questions of law and fact determined by the manager by order or writ under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 37, Series 2022)