Applicants have the right to request an informal hearing to resolve any disputes arising from The Colorado Department of Local Affairs, Division of Housing’s (DOH’s) decision to deny a tax credit certificate. Requests for a hearing must be made in writing to DOH within 30 days of the date of the denial letter. The request should contain the reason(s) why an applicant disagrees with DOH’s decision to deny a tax credit certificate.
The applicant will be notified by certified mail of the informal hearing. The Home Modification Tax Credit Program’s manager will appoint a Hearing Officer (DOH staff) that was not part of the initial application review/denial and who has basic knowledge of the Tax Credit Program. The Hearing Officer will be responsible for conducting the hearing in accordance with the following guidelines:
- The client or the client’s representative will first be given an opportunity to present his/her issues regarding the denial. The client may present evidence or question DOH staff at this time.
- DOH staff will then have an opportunity to explain their decision or point of view regarding the denial. DOH staff may present evidence and question the applicant.
The Hearing Officer will issue a final decision in writing based on the evidence presented at the hearing within 10 business days of the Informal Hearing. A copy of the hearing decision will be sent certified mail to the client. The written decision will contain a summary of the decision, reasons for the decision and the date the decision goes into effect.
Applicants have the right to:
- Examine and copy (at the applicant’s expense) relevant documents before the Informal Hearing
- Present any or all information pertinent to the issue of the Informal Hearing
- Request that the program staff be available or present at the Informal Hearing to answer questions pertinent to the case
- Be represented by legal counsel or other designated representative at his or her own expense (with five days notice to DOH of the designated person)
DOH has the right to:
- Present evidence and all or any information pertinent to the issue of the Informal Hearing;
- Examine relevant client documents before the Informal Hearing
- Be notified if the client intends to be represented by legal counsel or another party
- Have its attorney present; and
- Have the staff person familiar with the case present.