8 CCR 1207-2, pt. 13 - Determination of motions

A. Any motions, except those made during hearing or when the Hearing Officer deems an oral motion to be appropriate, involving a contested issue of law shall be supported by a recitation of legal authority either incorporated into the motion or set forth in a separate memorandum brief. If the moving party chooses to submit a brief rather than incorporate the recitation of legal authority into the motion, the brief shall be filed with the motion, except for motions under C.R.C.P. 12, for which motions an additional 10 days to file a separate brief will be allowed. A responding party shall have 10 days or such lesser or greater time as the Hearing Officer may allow in which to file and serve a responsive brief. Reply briefs will be permitted only upon order of the Hearing Officer. If so ordered, the reply brief must be filed within 5 days of the order of the Hearing Officer.

B. If a party files a motion which does not involve a contested issue of law, the opposing party will have 10 days, or such lesser or greater time as the Hearing Officer allows, in which to file a response. The moving party will not be permitted to file a reply unless ordered by the Hearing Officer. If so ordered, the reply must be filed within 5 days of the order of the Hearing Officer.

C. If facts not appearing of record before the Hearing Officer may be considered in disposition of the motion, the parties may file affidavits at the time of filing the motion or responsive or reply brief. Copies of such affidavits and any documentary evidence used in connection with the motion shall be served on all other parties.

D. If the moving party fails to incorporate legal authority into the motion and fails to file a separate brief with the motion, the Hearing Officer may deem the motion abandoned and may enter an order denying the motion. Failure of the responding party to file a responsive brief may be considered a confession of the motion.

E. If possible, motions will be determined upon the written motion and briefs submitted. The Hearing Officer may order oral argument or evidentiary hearing on the Hearing Officer's own motion or on request of a party, in which event all parties will be notified of such order. If any party fails to appear at an oral argument or hearing without prior showing of good cause for non-appearance, the Hearing Officer may proceed to hear and rule on the motion.

F. An expedited hearing on any motion may be held at the instance of the Hearing Officer. If any party requests that a motion be determined immediately with or without a hearing, or that a hearing be held on a motion in advance of a previously set motions date, that party shall:

1. Inform the Hearing Officer of said request.

2. Contact all other parties, determine their position on the motion, and indicate on the face of the motion whether other parties oppose the motion and whether they will request a hearing on the motion.

3. If a hearing is desired by any party and authorized by the Hearing Officer the moving party, upon advance notice to the Hearing Officer, shall notice in all other parties to set the matter directly with the Hearing Officer on an expedited basis.

G. Any defense enumerated in C.R.C.P. 12 may be made by motion. All such motions shall be filed within 10 days after the answer required by the Administrative Procedure Act. Any such motion not filed within the time limits established by this section or by the Hearing Officer, except motions asserting a lack of jurisdiction over the subject matter, shall be waived.

Notes

8 CCR 1207-2, pt. 13