3 CCR 708-1-10.7 - General Rules Governing Hearing Procedures
(A)
When a case is set for formal hearing pursuant to §
24-34-306(4),
C.R.S., the hearing procedures shall be governed by the Office of
Administrative Courts Procedural Rules, 1 Code Colo. Reg. 104-1, as amended,
relevant Office of Administrative Court Policies and subject to the following
specific requirements:
(1) The hearing shall
commence within one hundred and twenty (120) days of service of the notice of
hearing and complaint, unless the Administrative Law Judge has granted an
extension. If the 120th day falls upon a Saturday, Sunday, or State of Colorado
legal holiday, the hearing shall commence on the next regular business
day.
(2) If any of the express
provisions of the Rules of Procedure or Policies of the Office of
Administrative Courts conflicts with the express provisions of the Law or these
Rules, the Law or these Rules shall control and take precedence over the
procedure or policy determined to be in conflict.
(3) The case in support of the complaint
shall be presented at the hearing by the attorney general's office as counsel
in support of the complaint, pursuant to §
24-34-306(8),
C.R.S.
(4) Discovery procedure
shall be those specified by the General Rules of Procedure of the Office of
Administrative Courts of the Colorado Department of Personnel and
Administration.
(5) At the
discretion of the administrative law judge, the complainant shall be permitted
to intervene through counsel to present oral testimony or other evidence and to
examine and cross examine witnesses.
(6) If a party presents a motion for summary
judgment, the presentation of the motion with supporting evidence may
constitute the commencement of the hearing.
(B) The case in support of the complaint
shall be presented at the hearing by the attorney general's office as counsel
in support of the complaint. At the discretion of the ALJ, the complainant
shall be permitted to intervene through counsel to present oral testimony or
other evidence and to examine and cross examine witnesses.
Notes
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