Rule 242.30 - Disciplinary Hearings(a) Overview. Disciplinary hearings take place before a Hearing Board or before the Presiding Disciplinary Judge, as provided in this part VII. Disciplinary hearings are public unless subject to a protective order.(b) Standards Governing Hearings. (1) Procedure. Except as otherwise provided in this rule, hearings must be conducted in accordance with the Colorado Rules of Civil Procedure and civil trial practice in Colorado.(2) Evidence. Except as otherwise provided in this rule, hearings must be conducted in accordance with the Colorado Rules of Evidence. Except as otherwise provided in this rule, orders entered by other tribunals are admissible but do not serve as conclusive proof of any disputed fact.(3) Burden of Proof. Proof as to rule violations, affirmative defenses, and eligibility for reinstatement or readmission must be by clear and convincing evidence. The Regulation Counsel has the burden to prove aggravating factors in disciplinary hearings, while the respondent has the burden to prove mitigating factors.(4) Privilege Against Self-Incrimination. A respondent cannot be required to testify or to produce records over the respondent's objection if doing so would violate the respondent's constitutional privilege against self-incrimination.(5) Adverse Inferences. (A) Invocation of Privilege Against Self-Incrimination. If a respondent refuses to testify or to produce records based on invocation of the privilege against self-incrimination, an adverse inference in favor of the Regulation Counsel may be drawn as to related disciplinary claims.(B) Failure to Produce Records Subject to Colo. RPC 1.15D. If a respondent does not produce records that are required to be kept under Colo. RPC 1.15D, an adverse inference in favor of the Regulation Counsel may be drawn as to disciplinary claims related to those records.(c) Complaining Witnesses. The complaining witness in a disciplinary proceeding has the right to attend the hearing, subject to a sequestration order or protective order. The Presiding Disciplinary Judge may, in the Presiding Disciplinary Judge's discretion, permit the complaining witness to testify about injury caused by the alleged misconduct.(d) Record of Hearing. A record must be made of hearings under this section 242.30.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.