Chapter 21 - § 21.6 • "ARBITRATION" UNDER THE DENVER REVISED MUNICIPAL CODE

• Jurisdiction: Colorado

§ 21.6 • "ARBITRATION" UNDER THE DENVER REVISED MUNICIPAL CODE

Where a municipal contract calls for a city official to be the arbitrator, that provision will not render the disputes clause invalid so long as the disputes clause also provides for limited judicial review of that official's determination.⁴¹⁷

The Denver Revised Municipal Code has adopted an administrative procedure for the resolution of disputes.⁴¹⁸ The procedure is supplemented by the Public Works Rules and Regulations currently in effect. Although included in the chapter of the Code relative to utilities, sewers in particular, the city does incorporate this section into some of its construction contracts as an ADR procedure. This procedure has not been held to be subject to the CUAA or CRUAA.

In accordance with the provisions of § 56-106 of the Code, a claiming party has a right, within one year after receipt of a disputed bill, to make a written request to the agency or division of the department of public works for a revision or modification of the charge. The agency or division is then obligated to issue a written determination, granting or denying the request.

The section then extends a right to appeal any determination made at the initial hearing level, by submitting a written petition to the Manager of Public Works. The petition must be filed by the petitioner within 30 days after it has been notified of the initial determination by the city. The petitioner must also submit, under oath or affirmation and either in the petition or orally at a hearing, the facts and figures relied upon by the petitioner.

A hearing may be held, either by the Manager of Public Works or another officer or employee designated by the manager as a hearing officer. Any hearing is to be conducted in accordance with the rules and regulations issued by the Manager of Public Works, and the proof is the same as required in a civil non-jury case in the state district court.

The Manager of Public Works or his or her designee is obligated to make a final determination. The final determination is considered a final order of the Manager, subject to review by the district court of the Second Judicial District. Any judicial review is made of questions of law and fact determined by the Manager of Public Works.⁴¹⁹

Colorado law permits a limited judicial review of an administrative decision made by a governmental...