A. The licensee 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 sanctions to be imposed.

D. In determining what sanction to impose, the town shall consider: (1) the nature and seriousness of the violation; (2) corrective action, if any, taken by the licensee; (3) prior violation(s), if any, at the licensed premises by the licensee and the effectiveness of prior corrective action, if any; (4) the likelihood of recurrence; (5) all circumstances surrounding the violation; and (6) whether the violation was willful.

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

F. Stipulation in Lieu of Public Hearing: A licensee subject to disciplinary proceedings or under review of an administrative decision may contact the town attorney to discuss allegations in the complaint and attempt to resolve the matter without a hearing; provided however, the licensee shall contact the town attorney no later than fourteen (14) days prior to the scheduled hearing date. (Ord. 28, Series 2022)