C.R.S. Section 8-43-211
Notice

  • request for hearing

(1)

At least thirty days before any hearing, the office of administrative courts in the department of personnel shall send written notice to all parties by regular or electronic mail or by facsimile. The notice must:

(a)

Give the time, date, and place of the hearing;

(b)

Inform the parties that they must be prepared to present their evidence concerning the issues to be heard;

(c)

Inform the parties that they have the right to be represented by an attorney or other person of their choice at the hearing.

(2)

Hearings shall be set by the office of administrative courts in the department of personnel within eighty to one hundred twenty days after any of the following occur:

(a)

The director sets any issue for hearing. The director may expedite the hearing for good cause shown.

(b)

Any party requests a hearing on issues ripe for adjudication by filing a written request with the office of administrative courts in the department of personnel on forms provided by the office. The request shall be mailed to all parties at the time they are filed with the office of administrative courts. After the filing of the requests, the office of administrative courts in the department of personnel shall set the matter for hearing insofar as is practicable in the order in which requests are received by the office of administrative courts.

(c)

Any party or the attorney of such party sends notice to set a hearing on issues ripe for adjudication to opposing parties or their attorneys. The director of the office of administrative courts shall determine the place and time or times during which settings can be made. At such setting, the party requesting the setting shall submit a completed request for hearing form. Any notice to set shall be mailed to opposing parties at least ten days prior to the setting date.

(3)

If an attorney requests a hearing or files a notice to set a hearing on an issue that is not ripe for adjudication at the time the request or filing is made, the attorney may be assessed the reasonable attorney fees and costs of the opposing party in preparing for the hearing or setting. The requesting party must prove its attempt to have an unripe issue stricken by a prehearing administrative law judge to request fees or costs. Requested fees or costs incurred after a prehearing conference may only be awarded if they are directly caused by the listing of the unripe issue.

(4)

Except in claims in which compensability is contested or a hearing is requested in response to a final admission of liability or to overcome a conclusion in a division-sponsored independent medical examination, the party filing an application for a hearing shall certify on the application that the party attempted to resolve with the other parties all issues listed in the application for a hearing.

Source: Section 8-43-211 — Notice - request for hearing, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑43‑101
Record of injuries - occupational disease - reported to division - rules - definition
8‑43‑102
Notice to employer of injury - notice to employees - failure to report
8‑43‑103
Notice of injury - time limit
8‑43‑104
Electronic filings - rules
8‑43‑201
Disputes arising under “Workers’ Compensation Act of Colorado”
8‑43‑202
Director may refer taking of evidence in cases to appropriate officials of other states
8‑43‑203
Notice concerning liability - notice to claimants - notice of rights and claims process - rules
8‑43‑204
Settlements - rules
8‑43‑205
Mediation
8‑43‑206
Settlement conference procedures
8‑43‑206.5
Right to binding arbitration for resolution of disputes under articles 40 to 47
8‑43‑207
Hearings
8‑43‑207.5
Prehearing conferences - rules - definition
8‑43‑208
Investigations
8‑43‑209
Time schedule for hearings - establishment
8‑43‑210
Evidence
8‑43‑211
Notice - request for hearing
8‑43‑212
Compulsion of testimony
8‑43‑213
Transcripts
8‑43‑214
Transcript certified - evidence
8‑43‑215
Orders
8‑43‑217
Claims management - legislative declaration
8‑43‑218
Authority of director
8‑43‑219
Not a limitation on rights or privileges
8‑43‑220
Injured worker exit survey
8‑43‑301
Petitions to review
8‑43‑302
Corrected orders
8‑43‑303
Reopening
8‑43‑304
Violations - penalty - offset for benefits obtained through fraud - rules
8‑43‑304.5
Penalties in rate-making
8‑43‑305
Each day separate offense
8‑43‑306
Collection of fines, penalties, and overpayments
8‑43‑307
Appeals to court of appeals
8‑43‑308
Causes for setting aside award
8‑43‑309
Actions in court tried within thirty days
8‑43‑310
Error disregarded unless prejudicial
8‑43‑311
Court record transmitted to industrial claim appeals office - when
8‑43‑312
Court may remand case or order entry of award
8‑43‑313
Summary review by supreme court
8‑43‑314
Fees - costs - duty of district attorneys and attorney general
8‑43‑315
Witnesses and testimony - mileage - fees - costs
8‑43‑316
Appearance by officer for closely held entity
8‑43‑317
Service of documents
8‑43‑318
Remand of case or order - time limit for further proceedings consistent with ruling on appeal
8‑43‑401
District attorney or attorney of division to act for director or office - penalties for failure of insurer to pay benefits
8‑43‑401.5
Financial incentives to deny or delay claim or medical care - prohibition - penalties
8‑43‑402
False statement - felony
8‑43‑403
Attorney fees
8‑43‑404
Examination - refusal - personal responsibility - physicians to testify and furnish results - injured worker right to select treating physicians - injured worker right to third-party communications - definitions - rules
8‑43‑405
Payment as discharge of liability - conflicting claims
8‑43‑406
Compensation in lump sum
8‑43‑407
Election to waive vocational rehabilitation benefits and become subject to permanent partial disability provisions
8‑43‑408
Default of employer - additional liability
8‑43‑409
Defaulting employers - penalties - enjoined from continuing business - fines - procedure - definition - repeal
8‑43‑410
Right to compensation operates as lien - interest on award
8‑43‑501
Utilization review process - legislative declaration - cash fund
8‑43‑502
Independent medical examinations
8‑43‑503
Utilization review of health-care providers
8‑43‑601
Short title
8‑43‑602
Legislative declaration
8‑43‑603
Definitions
8‑43‑604
Performance programs
8‑43‑605
Due process
8‑43‑606
Enforcement
8‑43‑607
Filing with director
Green check means up to date. Up to date

Current through Fall 2024

§ 8-43-211’s source at colorado​.gov