# 1 CCR 104-3: PROCEDURAL RULES FOR WORKERS' COMPENSATION HEARINGS

> Colorado · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_104_3

## Section

- **Citation:** 1 CCR 104-3
- **Heading:** PROCEDURAL RULES FOR WORKERS' COMPENSATION HEARINGS
- **Jurisdiction:** Colorado
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Colorado Regulations / 100,800 Department of Personnel and Administration / 104 Office of Administrative Courts / 1 CCR 104-3

## Text

COLORADO DEPARTMENT OF PERSONNEL & ADMINISTRATION
Office of Administrative Courts
PROCEDURAL RULES FOR WORKERS’ COMPENSATION HEARINGS
1 CCR 104-3
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
Preamble
The Office of Administrative Courts Procedural Rules for Workers’ Compensation were initially adopted in
their entirety by the Department of Personnel & Administration on October 26, 2005.
This version reflects a repeal of the former rules and reissuance by the Director to amend the Office of
Administrative Courts Procedural Rules for Workers’ Compensation Hearings.
OAC Rule 1.
Definitions.
As used in these Procedural Rules for Workers’ Compensation Hearings:
A.
“ALJ” is an administrative law judge with the Office of Administrative Courts or a prehearing
administrative law judge with the Division of Workers’ Compensation.
B.
“Address” is the U.S. postal service mailing address or the email address.
C.
“Application” refers to an Application for Hearing, an Application for Expedited Hearing, or an
Application for Hearing - Disfigurement Only filed with the Office of Administrative Courts.
D.
“C.R.S.” is the Colorado Revised Statutes.
E.
“Days” are calendar days unless specifically noted in the rule otherwise.
F.
“DOWC” is the Division of Workers’ Compensation in the Department of Labor and Employment.
G.
“Mailing” as used in these rules shall include first class mail, or email.
H.
“OAC” means the Office of Administrative Courts, created in the Colorado Department of
Personnel and Administration by section 24-30-1001(1), C.R.S.
I.
“OAC office” refers to the OAC’s locations in Colorado Springs, Denver, and Grand Junction.
J.
“OACRP” means these Office of Administrative Courts’ Rules of Procedure.
K.
“OAC Website” refers to the website associated with the OAC which at the time of publication is
oac.colorado.gov.
L
ve Courts, created in the Colorado Department of
Personnel and Administration by section 24-30-1001(1), C.R.S.
I.
“OAC office” refers to the OAC’s locations in Colorado Springs, Denver, and Grand Junction.
J.
“OACRP” means these Office of Administrative Courts’ Rules of Procedure.
K.
“OAC Website” refers to the website associated with the OAC which at the time of publication is
oac.colorado.gov.
L.
“Response to Application” refers to a Response to an Application for Hearing, a Response to
Application for Expedited Hearing, or a Response to Application for Hearing - Disfigurement Only
filed with the Office of Administrative Courts.
Code of Colorado Regulations
Secretary of State
State of Colorado

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M.
“Venue” means the physical location of a hearing, which includes Denver, Colorado Springs,
Pueblo, Grand Junction, and Glenwood Springs. The OAC may, as resources and facilities
require, add, or remove available venues for hearing.
OAC Rule 2.
Applicability.
A.
The OACRP apply to procedural orders and hearings pursuant to the Workers’ Compensation Act
of Colorado, Articles 40 to 47 of Title 8, C.R.S., from the date an Application for Hearing is filed
until the time to file a Petition to Review (PTR) has run, or, if a Petition to Review PTR is filed,
until the file is transmitted to the Industrial Claim Appeals Office, or until the time to issue a
corrected order has concluded.
B.
The Colorado Rules of Civil Procedure apply to Workers’ Compensation hearings unless they are
inconsistent with these rules, the provisions of the Workers' Compensation Act, or the Workers’
Compensation Rules of Procedure, 7 CCR 1101-3.
C.
The OACRP does not apply to matters solely within the discretion of the DOWC director including
but not limited to the following: claim closure for lack of prosecution, medical fee schedule
disputes, or any modification to the claim information.
OAC Rule 3.
Ex-Parte Communications
es, the provisions of the Workers' Compensation Act, or the Workers’
Compensation Rules of Procedure, 7 CCR 1101-3.
C.
The OACRP does not apply to matters solely within the discretion of the DOWC director including
but not limited to the following: claim closure for lack of prosecution, medical fee schedule
disputes, or any modification to the claim information.
OAC Rule 3.
Ex-Parte Communications.
With the exception of scheduling or other purely administrative matters, and with the exception of
settlement conference or mediation processes, a party or counsel for a party shall not initiate any
communication with an ALJ pertaining to a matter before the OAC unless prior consent of all other parties
or their counsel has been obtained. Copies of all pleadings or correspondence filed with the OAC or
directed to an ALJ by any party shall be served pursuant to OACRP 6.
OAC Rule 4.
Filing of Documents.
A.
Original pleadings, forms, and other documents related to a proceeding before the OAC shall be
filed with the OAC office closest to the claimant’s address of record. If a motion to change venue
has been granted, original pleadings, forms, and other documents related to a proceeding shall
be filed in accordance with OACRP 4.B.
B.
If the hearing venue is Denver, the Application, pleadings, forms, and other documents shall be
filed at the OAC’s Denver office. If the hearing venue is Colorado Springs or Pueblo, the
Application, pleadings, forms, and other documents shall be filed at the OAC’s Colorado Springs
office. If the hearing venue is Grand Junction, or Glenwood Springs, the Application, pleadings,
forms, and other documents shall be filed at the OAC’s Grand Junction office.
C.
Filing shall be by U.S. Mail, hand delivery, or by email. Facsimile filings are not accepted. The
current email address for each OAC office can be found on the OAC website or by contacting the
OAC.
D.
Duplicate copies will be discarded and not made part of the OAC file.
E
Glenwood Springs, the Application, pleadings,
forms, and other documents shall be filed at the OAC’s Grand Junction office.
C.
Filing shall be by U.S. Mail, hand delivery, or by email. Facsimile filings are not accepted. The
current email address for each OAC office can be found on the OAC website or by contacting the
OAC.
D.
Duplicate copies will be discarded and not made part of the OAC file.
E.
The date of filing shall be the date indicated on the certificate of service on the filing. If no
certificate of service is included, the date of filing shall be the date received by the OAC.
F.
All pleadings, forms, and other documents filed with the OAC shall contain the Workers’
Compensation claim number.
G.
The OAC may reject any Application, pleading, form, or other document that does not comply
with the OACRP.

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OAC Rule 5.
E-Filing. (RESERVED)
OAC Rule 6.
Service of Documents.
A.
All pleadings, forms, or other documents filed with the OAC shall be served on each of the
parties. When an attorney represents a party, service shall be made on the attorney.
B.
Service of pleadings, forms, or other documents may be made by hand delivery, by mail to the
address given in the pleadings, by email to an email address given in the pleadings, or to the
party's last known address as provided to the OAC.
C.
Attorneys shall inform the OAC and all other parties of their current telephone number, mailing
address, and email address. Any changes to said information during the course of the
proceedings shall be reported to the OAC and all parties within 7 days.
D.
Parties without an attorney shall inform the OAC and all other parties of their current telephone
number, mailing address, and email address. Any changes to said information during the course
of the proceedings shall be reported to the OAC and all parties within 14 days.
E.
The OAC may charge a fee for copies of all pleadings provided to the parties.
OAC Rule 7.
Hearing Request.
A
ithin 7 days.
D.
Parties without an attorney shall inform the OAC and all other parties of their current telephone
number, mailing address, and email address. Any changes to said information during the course
of the proceedings shall be reported to the OAC and all parties within 14 days.
E.
The OAC may charge a fee for copies of all pleadings provided to the parties.
OAC Rule 7.
Hearing Request.
A.
Any party may request a hearing on issues ripe for adjudication by filing an Application for
Hearing, Application for Expedited Hearing, or an Application for Hearing - Disfigurement Only.
B.
Copies of the Application shall be served on the opposing party or parties, as provided in OACRP
6.
C.
The hearing shall be set in the venue closest to the claimant’s residence, unless a different venue
is approved by an ALJ for good cause shown, or as otherwise ordered by an ALJ.
D.
The OAC will schedule hearings to occur in-person, by videoconference, or by telephone, based
on available facilities and resources. Once a hearing has been set, the format of the hearing may
be changed by agreement of the parties and approved by an ALJ, by motion of one or more of
the parties for good cause shown, or as otherwise ordered by an ALJ. Absent good cause, any
request to change the format of the hearing shall be filed no later than 20 days before the hearing
is scheduled to commence.
E.
Upon motion and good cause shown, an ALJ may grant the parties a half or full-day (“non-
trailing”) setting for a hearing to be held in Colorado Springs, Denver, or Grand Junction. Any
dates for a non-trailing setting must be obtained by contacting the clerk in the OAC office where
the hearing is scheduled to be held.
OAC Rule 8.
Application for Hearing.
A.
The Application for Hearing shall be on a form provided by the OAC, or on a substantially similar
form.
B.
The OAC may reject any Application for Hearing that is not complete, or does not comply with the
OACRP. The rejection shall be without prejudice.
tting must be obtained by contacting the clerk in the OAC office where
the hearing is scheduled to be held.
OAC Rule 8.
Application for Hearing.
A.
The Application for Hearing shall be on a form provided by the OAC, or on a substantially similar
form.
B.
The OAC may reject any Application for Hearing that is not complete, or does not comply with the
OACRP. The rejection shall be without prejudice.

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C.
A Response to Application for Hearing or an Entry of Appearance shall be filed with the OAC no
later than 15 days after the date the Application for Hearing was filed. If an Entry of Appearance
is filed, the Response to Application for Hearing shall be filed no more than 30 days after the date
the Application for Hearing was filed, unless agreed upon by the parties, or ordered by an ALJ.
D.
A party who is not represented by an attorney may request that the OAC set the matter for
hearing. In that instance, Paragraph E of this Rule shall not apply.
E.
The applicant shall obtain available hearing dates listed on the OAC website that are within 80 to
120 days after the date the Application for Hearing was filed. If a Response to Application for
Hearing or an Entry of Appearance was filed, the applicant shall contact the opposing party and
agree on a date and time for hearing. The applicant shall file a written confirmation of the date
and time selected at least 15 days and no more than 30 days after the Application for Hearing
was filed. If the parties cannot agree on a date and time, the applicant shall notify the OAC in
writing that there is no agreement, and the OAC will set the hearing at a date and time of its
choosing.
F.
The parties may set the hearing to commence less than 80 days after the date of the Application
for Hearing by motion and order of an ALJ.
G
no more than 30 days after the Application for Hearing
was filed. If the parties cannot agree on a date and time, the applicant shall notify the OAC in
writing that there is no agreement, and the OAC will set the hearing at a date and time of its
choosing.
F.
The parties may set the hearing to commence less than 80 days after the date of the Application
for Hearing by motion and order of an ALJ.
G.
If the OAC does not receive written confirmation of the hearing from a party within 30 days after
the Application for Hearing was filed, the Application shall be stricken without prejudice. Any party
may, as permitted by law, file a new Application for Hearing regarding issues that are ripe for
adjudication.
OAC Rule 9.
Application for Expedited Hearing (“Expedited Application”).
A.
Any Expedited Application shall be on a form provided by the OAC, or on a substantially similar
form.
B.
An Expedited Application may be filed:
1.
By claimant, if the respondent filed a Notice of Contest and less than 45 days have
passed since the Notice of Contest was filed. The issues in an expedited hearing shall be
limited to compensability, medical benefits, applicable affirmative defenses, and other
issues as agreed upon by the parties, or as ordered by an ALJ.
2.
By claimant, if there is an urgent need for prior authorization of health care services
recommended in writing by an authorized treating provider, and prior authorization has
been denied. A copy of a medical record documenting the urgent need for prior
authorization of health care services shall be attached to the Expedited Application. The
issues will be limited to liability for those health care services, applicable affirmative
defenses, and other issues as agreed upon by the parties, or as ordered by an ALJ.
3.
By respondent, if it has filed a Petition to Suspend, Modify, or Terminate Compensation,
and the claimant has filed an objection
rior
authorization of health care services shall be attached to the Expedited Application. The
issues will be limited to liability for those health care services, applicable affirmative
defenses, and other issues as agreed upon by the parties, or as ordered by an ALJ.
3.
By respondent, if it has filed a Petition to Suspend, Modify, or Terminate Compensation,
and the claimant has filed an objection. The issues at the hearing shall be limited to a
determination of the Petition to Suspend, Modify, or Terminate Compensation, applicable
affirmative defenses, and other issues as agreed upon by the parties, or as ordered by an
ALJ.

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4.
By any party, on the issue of whether the employer or insurer provided a list of
designated providers in compliance with section 8-43-404(5), C.R.S., and less than 45
days have passed since the claimant provided notice of the injury to the employer. The
issues will be limited to whether the respondent provided a compliant list of designated
providers, applicable affirmative defenses, and other issues as agreed upon by the
parties, or as ordered by an ALJ.
5.
By any party, on the issue of whether the employer or insurer provided a list in
compliance with section 8-43-404 (5), C.R.S., if the insurer or self-insured employer
admitted liability for the claim and the Expedited Application is filed within 45 days after
the initial admission of liability for the claim. The issues will be limited to whether the
respondent provided a compliant list of designated providers, applicable affirmative
defenses, and other issues as agreed upon by the parties, or as ordered by an ALJ.
6.
By any party, on the issue of whether the employer or insurer may reduce compensation
pursuant to section 8-42-112, C.R.S, if the insurer or employer has admitted liability for a
claim, and less than 45 days have passed since the admission reducing compensation
was filed
signated providers, applicable affirmative
defenses, and other issues as agreed upon by the parties, or as ordered by an ALJ.
6.
By any party, on the issue of whether the employer or insurer may reduce compensation
pursuant to section 8-42-112, C.R.S, if the insurer or employer has admitted liability for a
claim, and less than 45 days have passed since the admission reducing compensation
was filed. The issues will be limited to whether the respondent may reduce compensation
pursuant to section 8-42-112, C.R.S., applicable affirmative defenses, and other issues
as agreed upon by the parties, or as ordered by an ALJ.
7.
Where otherwise authorized by the Colorado Workers’ Compensation Act, or the
Colorado Workers’ Compensation Rules of Procedure, 7 CCR 1101-3.
C.
If the applicant qualifies for an expedited hearing, the OAC shall set the matter for hearing to
occur consistent with the provisions of the Workers’ Compensation Act. The OAC shall determine
the location, date, and time of the expedited hearing, and shall send notice of the hearing to the
parties, as provided by OACRP 11.
D.
The opposing party may file a Response to the Expedited Application within 10 days of service of
the Expedited Application, as provided by OACRP 6, unless agreed upon by the parties or
approved by an ALJ.
E.
The OAC may reject any Expedited Application that is not complete, or does not meet the criteria
for an expedited hearing as determined by an ALJ. The rejection shall be without prejudice.
F.
When the Expedited Application is rejected for not meeting the criteria for an expedited hearing,
the applicant may then file an Application for Hearing pursuant to OACRP 8.
OAC Rule 10. Disfigurement Hearing and Award.
A claimant may request a determination of additional compensation for disfigurement to areas of the
claimant’s body normally exposed to public view by filing an Application for Hearing – Disfigurement Only
(“Disfigurement Application”)
ing the criteria for an expedited hearing,
the applicant may then file an Application for Hearing pursuant to OACRP 8.
OAC Rule 10. Disfigurement Hearing and Award.
A claimant may request a determination of additional compensation for disfigurement to areas of the
claimant’s body normally exposed to public view by filing an Application for Hearing – Disfigurement Only
(“Disfigurement Application”). Unless the parties agree otherwise, the date of the Disfigurement
Application must be at least 6 months from the date of injury except when the claimant has had surgery,
in which case the Disfigurement Application must be at least 6 months from the date of surgery. If a final
admission of liability has been filed pursuant to section 8-43-203(2)(b)(II)(a), C.R.S., a claimant may
request a hearing on disfigurement regardless of the date of injury or surgery.
A.
Disfigurement Application.
1.
A Disfigurement Application shall be on a form provided by the OAC, or on a substantially
similar form.

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2.
An opposing party may file a Response to the Disfigurement Application within 10 days of
service of the Disfigurement Application.
3.
The OAC will set the matter for hearing at a location, date, and time of its choosing, and
shall send notice of the hearing to the parties, as provided by OACRP 11.
4.
The OAC may reject any Disfigurement Application that is not complete. The rejection of
a Disfigurement Application shall be without prejudice.
B.
Disfigurement Award – Photographs.
Requests for a Disfigurement Award by photograph shall be filed with the DOWC. The claimant shall not
simultaneously file a Request for a Disfigurement Award by photograph and a Disfigurement Application.
Should the claimant be dissatisfied with an award based on photographs, the claimant is permitted to file
a Disfigurement Application with the OAC.
C.
Disfigurement Orders
nt Award – Photographs.
Requests for a Disfigurement Award by photograph shall be filed with the DOWC. The claimant shall not
simultaneously file a Request for a Disfigurement Award by photograph and a Disfigurement Application.
Should the claimant be dissatisfied with an award based on photographs, the claimant is permitted to file
a Disfigurement Application with the OAC.
C.
Disfigurement Orders.
Unless otherwise provided in the disfigurement award order, the employer or insurer is entitled to a credit
for any amount previously paid for disfigurement. If the amount of the credit exceeds the disfigurement
award, the employer or insurer may offset the amount of the credit against any future temporary or
permanent disability benefits.
OAC Rule 11. Notice of Hearing.
The OAC shall send a Notice of Hearing to the addresses on the Application, or if filed, the addresses on
the Entry of Appearance or Response to Application, consistent with OACRP 6.
OAC Rule 12. Issues for Hearing.
A.
Issues for hearing shall be listed in the Application, the Response to Application, or may be
added before the hearing date is confirmed by written notice to the OAC and the opposing party.
After the hearing date is confirmed, issues may only be added by written agreement of the parties
or order of an ALJ for good cause shown.
B.
At the commencement of hearing, the parties shall confirm the issues to be determined, including
affirmative defenses.
OAC Rule 13. Witnesses.
Only endorsed witnesses may testify in a party’s case-in-chief. Endorsed witnesses are witnesses listed
on either the Application or the Response to Application, witnesses added by written notice before the
hearing date is confirmed, witnesses added by written agreement of the parties, or witnesses added by
order of an ALJ for good cause shown.
OAC Rule 14. Extension of Time to Commence Hearing.
A.
The parties may obtain one 60-day extension of time to commence a hearing by agreement
pursuant to section 8-43-209(1), C.R.S
on or the Response to Application, witnesses added by written notice before the
hearing date is confirmed, witnesses added by written agreement of the parties, or witnesses added by
order of an ALJ for good cause shown.
OAC Rule 14. Extension of Time to Commence Hearing.
A.
The parties may obtain one 60-day extension of time to commence a hearing by agreement
pursuant to section 8-43-209(1), C.R.S. An agreement to set the hearing outside of 120 days is a
request for extension of time under section 8-43-209(1), C.R.S. The initial setting date shall be no
later than 180 days from the date of the Application.
B.
On written motion, an ALJ may grant extensions of time to commence a hearing pursuant to
section 8-43-209(2), C.R.S. An ALJ may, on the ALJ’s own motion, extend the time to commence
a hearing if time is not available on the docket.

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C.
When an extension of time is granted, the parties must file a hearing confirmation within 10 days
after the date of service of the order granting an extension of time, unless otherwise ordered by
an ALJ.
OAC Rule 15. Hearing Vacated.
After a Response to Application is filed, the Application may not be withdrawn, and the hearing may not
be vacated except:
A.
Upon agreement of all parties and by filing a hearing cancellation form. If the parties agree to the
withdrawal of the Application, the applicant must promptly notify the OAC of the agreement to
vacate the hearing in writing. Hearings may be canceled by telephone, but must be followed up
with written confirmation and served on all parties pursuant to OACRP 6; or
B.
Upon motion and for good cause shown and ordered by an ALJ; or
C.
As otherwise ordered by an ALJ.
OAC Rule 16. Motions.
A.
Motions and responses to motions shall be filed with the OAC office closest to the claimant’s
residence. If a motion to change venue has been granted, any motions and responses to motions
shall be filed in the OAC office where the hearing is to occur
pursuant to OACRP 6; or
B.
Upon motion and for good cause shown and ordered by an ALJ; or
C.
As otherwise ordered by an ALJ.
OAC Rule 16. Motions.
A.
Motions and responses to motions shall be filed with the OAC office closest to the claimant’s
residence. If a motion to change venue has been granted, any motions and responses to motions
shall be filed in the OAC office where the hearing is to occur. Motions and responses to motions
shall be served on all parties, as provided in OACRP 6, on the same day as filed with the OAC.
Motions shall be filed exclusively with either the OAC or the DOWC.
B.
Motions shall include a certification by the party or counsel filing the motion that they have
conferred, or made a good faith effort to confer, with opposing counsel and unrepresented
parties, and attempted to resolve the issue without court action. All motions shall include a
statement indicating whether the motion is opposed, unopposed, or stipulated. If no conference
has occurred, an explanation must be included in the motion. Any motion filed without a
demonstrated good faith effort to confer may be summarily denied.
C.
The motion shall conspicuously state in the caption if the motion is unopposed or stipulated.
D.
A stipulated or unopposed motion may be granted or denied before the expiration of the response
period.
E.
Any response to a motion shall be filed within 10 days from the date the motion was filed with the
OAC. If no response is filed within 10 days, the motion may be deemed confessed.
F.
The OAC may refer any matter within the jurisdiction of a prehearing ALJ to the DOWC. If the
parties agree to resolve a pending motion by proceeding to a prehearing conference before the
DOWC, the parties shall promptly notify the OAC of the pending prehearing conference.
G.
An ALJ may, within the ALJ’s discretion, require oral arguments on any motion.
H
ays, the motion may be deemed confessed.
F.
The OAC may refer any matter within the jurisdiction of a prehearing ALJ to the DOWC. If the
parties agree to resolve a pending motion by proceeding to a prehearing conference before the
DOWC, the parties shall promptly notify the OAC of the pending prehearing conference.
G.
An ALJ may, within the ALJ’s discretion, require oral arguments on any motion.
H.
If an issue that is the subject of a motion has been resolved or becomes moot before an order is
issued, the moving party shall notify the OAC in writing that the motion is moot, or withdrawn.

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I.
The parties shall submit a proposed order with each motion and response. Proposed orders shall
set forth the relief requested in reasonable detail, and not merely by reference to another
document. Proposed orders for approval of stipulations shall specifically state the terms of the
stipulation in the order. Proposed orders shall include a certificate of service containing the email
addresses for all parties, or if the parties do not have email addresses, the certificate of service
shall contain the mailing addresses of all parties. The resulting order shall be sent by email to all
parties consistent with OACRP 6. If email information is not available for all parties, the order
shall be sent to the moving or prevailing party who is responsible for distribution of true and
correct copies of the order to all remaining parties promptly, and in any event no later than 2
business days after the date the order is received.
J.
Proposed orders shall be in editable form and shall follow the formatting requirements set forth in
the OAC Policies, and be in 12-point type, Arial, or Helvetica font.
OAC Rule 17. Summary Judgment.
A.
Any party may file a motion for summary judgment seeking resolution of any endorsed issue for
hearing by filing a written motion at least 30 days before the hearing is scheduled to commence
ved.
J.
Proposed orders shall be in editable form and shall follow the formatting requirements set forth in
the OAC Policies, and be in 12-point type, Arial, or Helvetica font.
OAC Rule 17. Summary Judgment.
A.
Any party may file a motion for summary judgment seeking resolution of any endorsed issue for
hearing by filing a written motion at least 30 days before the hearing is scheduled to commence.
Any motion seeking resolution of an issue endorsed for hearing shall be captioned as a motion for
summary judgment. Any motion seeking resolution of one or more issues endorsed for hearing
shall be considered a motion for summary judgment and shall conform to the requirements of this
Rule.
B.
Summary judgment may be granted if the pleadings, transcripts of testimony, discovery
responses, medical reports, employer records, affidavits, or other admissible evidence show that
there is no genuine issue as to any material fact and that the moving party is entitled to judgment
as a matter of law. The motion for summary judgment must be accompanied by a proposed order
that includes findings of fact, conclusions of law, and an order. The proposed order shall be in
editable format and shall follow the formatting requirements set forth in the applicable OAC
Policy, and be in 12-point type, Arial, or Helvetica font.
C.
Any response to a motion for summary judgment shall be filed within 15 days of the date of filing
of the motion for summary judgment. If there is a disputed issue of material fact, the response
must specifically identify the disputed issue of material fact.
OAC Rule 18. Subpoenas.
A subpoena to compel the attendance of witnesses or parties and the production of books, papers, or
records at a scheduled deposition or hearing may be issued on behalf of the OAC by an ALJ or by a
licensed attorney for a party. The party requesting the subpoena shall be responsible for service of the
subpoena, consistent with Rule 45 of the Colorado Rules of Civil Procedure.
OAC Rule 19. Hearings Open to the Public
l the attendance of witnesses or parties and the production of books, papers, or
records at a scheduled deposition or hearing may be issued on behalf of the OAC by an ALJ or by a
licensed attorney for a party. The party requesting the subpoena shall be responsible for service of the
subpoena, consistent with Rule 45 of the Colorado Rules of Civil Procedure.
OAC Rule 19. Hearings Open to the Public.
Hearings are open to the public. However, when necessary and reasonable, an ALJ may clear all persons
from the hearing except counsel and parties.
OAC Rule 20. Case Information Sheet (CIS).
A.
Unless otherwise ordered by an ALJ, and except for disfigurement only hearings under OACRP
10, the parties jointly, or each party individually, shall file and serve pursuant to OACRP 6, a
Case Information Sheet (CIS) on a form provided by the OAC, or on a substantially similar form.
Any CIS shall be filed and served no more than 20 days and no less than 5 days prior to the date
set for the commencement of the hearing, or such other date established by an ALJ.

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B.
The purpose of the CIS is to permit the ALJ to determine the priority of the cases set, and to
manage the docket more efficiently. The CIS is not discovery.
C.
The CIS shall advise the ALJ as to whether the parties have conferred and made a good faith
effort to resolve the issues set for hearing, the status of any discovery, the stipulations to be
offered, the issues remaining for hearing, the names of the lay and expert witnesses to testify at
the hearing, whether each witness shall testify in person or by telephone or by other electronic
means, whether the witness will travel more than 100 miles for the hearing, the area of expertise
of any expert witness, and whether an extension of time to commence the hearing has previously
been granted.
D
red, the issues remaining for hearing, the names of the lay and expert witnesses to testify at
the hearing, whether each witness shall testify in person or by telephone or by other electronic
means, whether the witness will travel more than 100 miles for the hearing, the area of expertise
of any expert witness, and whether an extension of time to commence the hearing has previously
been granted.
D.
Should a party fail to file a CIS, the ALJ may: (1) strike the application for hearing without
prejudice and vacate the hearing; (2) issue an order to show cause why the issues or defenses
should not be dismissed with prejudice; (3) continue the hearing to a future date; (4) continue the
hearing and require the parties to attend a pre-hearing conference prior to proceeding to a
hearing on the merits; or (5) proceed to hearing on the merits.
E.
If an interpreter has been requested pursuant to OACRP 21, the requesting party shall indicate
on the CIS that an interpreter is required. The initial request for an interpreter shall be made
consistent with OACRP 21, and not on the CIS form.
OAC Rule 21. Interpreters.
A.
A party who is limited English proficient, or any party who calls a witness who is limited English
proficient, may request that the OAC provide interpretation services for the hearing, at no cost to
the requestor. The party requesting interpretation services shall notify the OAC at least 72 hours
before the hearing if the hearing is anticipated to exceed 2 hours in length.
B.
A party who requires an auxiliary aid or service for a communication disability, or any party who
calls a witness who requires an auxiliary aid or service for a communication disability, may
request that the OAC provide interpretation services for the hearing, at no cost to the requestor.
C.
A request for interpretation services shall be made at the time of the filing of the Application or
Response to Application
ires an auxiliary aid or service for a communication disability, or any party who
calls a witness who requires an auxiliary aid or service for a communication disability, may
request that the OAC provide interpretation services for the hearing, at no cost to the requestor.
C.
A request for interpretation services shall be made at the time of the filing of the Application or
Response to Application. To ensure that proper arrangements for an interpreter are made, any
request for interpretation services shall be confirmed in the CIS filed by the parties. The OAC may
require the parties to attend a status conference prior to the hearing to determine the hearing
status and need for interpretation services.
D.
If a case is canceled, settled, continued, or otherwise rescheduled by the parties, the parties shall
notify the OAC within 3 business days of the scheduled hearing that the interpretation services
are no longer needed.
E.
A party who is limited English proficient may provide their own interpretation service so long as
the interpreter from the interpretation service meets the qualifications of OACRP 21.G, below.
F.
A party who requires an auxiliary aid or service for a communication disability may provide their
own interpretation service so long as the interpreter from the interpretation service meets the
qualifications of OACRP 21.G, below.
G.
The OAC will provide professional interpreting services through a third-party vendor. Any
interpreter provided by the vendor, or any interpreter that the parties provide must have one of
the following:
1.
A certification as a qualified legal interpreter in the target language, or,

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the
qualifications of OACRP 21.G, below.
G.
The OAC will provide professional interpreting services through a third-party vendor. Any
interpreter provided by the vendor, or any interpreter that the parties provide must have one of
the following:
1.
A certification as a qualified legal interpreter in the target language, or,

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10
2.
A demonstrated ability to interpret from the target language to English and from English
to the target language, and a demonstrated knowledge of legal terms and concepts.
H.
Immediately prior to the commencement of the hearing, any interpreter must review the “Code of
Conduct for Interpreters in Administrative Hearings” and agree in writing to abide by its
provisions.
OAC Rule 22. Hearing Exhibits
A.
Each party shall submit an electronic version of their hearing exhibits to the OAC and the
opposing parties at least 3 business days before the hearing. The exhibit packet shall be
tendered to the court in a single combined PDF document, unless requested otherwise by the
OAC or an ALJ.
B.
Exhibit packets shall comply with the following:
1.
Exhibit packets shall include a cover sheet listing the exhibits and identifying the party
offering the exhibits.
2.
Claimants' exhibits shall be identified using numbers, starting with 1.
3.
Respondents' exhibits shall be identified using letters, starting with A.
4.
The exhibit packet shall include a separate divider page between each exhibit containing
the exhibit letter or number.
5.
All pages of the exhibit packet shall be numbered consecutively, including divider pages.
Page numbers shall be affixed conspicuously to each page, but not in a manner that
obscures the content of any exhibit.
C.
If exhibits are not submitted as required by this Rule, the ALJ may: (1) order the party to submit a
conforming exhibit packet; (2) continue the hearing to a future date; (3) require the parties to
attend a prehearing conference; or (4) proceed to hearing on the merits
pages.
Page numbers shall be affixed conspicuously to each page, but not in a manner that
obscures the content of any exhibit.
C.
If exhibits are not submitted as required by this Rule, the ALJ may: (1) order the party to submit a
conforming exhibit packet; (2) continue the hearing to a future date; (3) require the parties to
attend a prehearing conference; or (4) proceed to hearing on the merits. No exhibits that are
otherwise admissible will be excluded solely for failure to comply with the requirements of this
Rule.
D.
If one or more parties will appear at the hearing in person, each party shall submit paper copies
of their exhibits, in addition to the required electronic version. A party attending the hearing in
person may tender their paper copies at the start of the hearing.
E.
If the hearing will be conducted entirely by videoconference, telephone, or other electronic
means, if requested by the OAC or an ALJ, each party shall submit a paper copy of their exhibits,
in addition to the required electronic version.
OAC Rule 23. Testimony by Telephone, Videoconference or Other Electronic Means.
A.
If one or more parties will appear at the hearing in person, an endorsed witness may testify by
telephone, videoconference, or other electronic means if the party calling the witness has filed
with the OAC a Notice advising of the format in which the testimony will be presented at least 14
days prior to the hearing. The party calling a witness by telephone, videoconference or other
electronic means must do so at its expense, and must make advance arrangements for
presenting the testimony. Notwithstanding any provision of this Rule to the contrary, an ALJ may
order any witness, party, or attorney to appear in-person, by telephone, by videoconference, or
other electronic means.

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, videoconference or other
electronic means must do so at its expense, and must make advance arrangements for
presenting the testimony. Notwithstanding any provision of this Rule to the contrary, an ALJ may
order any witness, party, or attorney to appear in-person, by telephone, by videoconference, or
other electronic means.

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11
B.
An opposing party, at its expense, may compel the attendance of a witness who would otherwise
testify by telephone, videoconference, or other electronic means by serving a subpoena upon the
witness.
C.
Unless otherwise permitted by an ALJ, where a hearing is conducted by videoconference, all
parties, attorneys, and witnesses shall appear on video.
OAC Rule 24. Non-Appearing Party.
If a party fails to appear at a hearing after the OAC has sent notice of the hearing to that party, prior to
entering any orders against the non-appearing party as a result of that hearing, the ALJ will consider:
A.
The addresses to which the notice of hearing was sent are the most recent addresses provided
by the non-appearing party to either the OAC or the Division of Workers’ Compensation; or
B.
If no address for the non-appearing party is on file with the OAC or the Division of Workers’
Compensation, the ALJ finds on the basis of other evidence that:
1.
Notice of the hearing was sent to an address at which it is likely to be received by the
non-appearing party or the non-appearing party’s authorized representative; or
2.
The non-appearing party in fact received notice of the hearing.
C.
A copy of a record or other written statement from the OAC or the Division of Workers’
Compensation containing the most recent address provided by the non-appearing party to either
of those agencies shall be sufficient to create a rebuttable presumption that the non-appearing
party received notice of the hearing.
OAC Rule 25. Closing Statement.
A
ng party in fact received notice of the hearing.
C.
A copy of a record or other written statement from the OAC or the Division of Workers’
Compensation containing the most recent address provided by the non-appearing party to either
of those agencies shall be sufficient to create a rebuttable presumption that the non-appearing
party received notice of the hearing.
OAC Rule 25. Closing Statement.
A.
At the conclusion of a hearing, a party may make a closing statement or, at the discretion of the
ALJ, submit a written closing statement. A written closing statement shall be submitted by mail or
email, in Microsoft Word format, to the OAC. The deadline for submission of written closing
statements shall be at the discretion of the ALJ.
B.
Written closing statements shall be limited to the issues endorsed before the ALJ on the record at
the hearing. Written closing statements shall not include any attached documents that were not
admitted into evidence by the ALJ at hearing unless otherwise stipulated by the parties or
permitted by the ALJ for good cause shown.
C.
Any written closing statement shall not exceed 20 pages, double-spaced and in 12-point type,
Arial or Helvetica font. An ALJ may allow a written closing statement to exceed 20 pages for good
cause shown. Any written closing statement that exceeds the limits set forth in this Rule may be
rejected by the ALJ.
OAC Rule 26. Order.
A.
The ALJ shall issue a written order within the time frames set forth by section 8-43-215(1), C.R.S.
A copy of the order shall be mailed to each attorney who appeared at the hearing and to
unrepresented parties. The OAC is authorized to serve any final order of an ALJ issued under the
Workers' Compensation Act of Colorado on counsel or unrepresented parties by email, as
permitted by section 8-43-215(1), C.R.S. The parties are required to provide the OAC with an
updated email address for the service of the order.

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represented parties. The OAC is authorized to serve any final order of an ALJ issued under the
Workers' Compensation Act of Colorado on counsel or unrepresented parties by email, as
permitted by section 8-43-215(1), C.R.S. The parties are required to provide the OAC with an
updated email address for the service of the order.

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12
B.
If the ALJ issues a summary order pursuant to section 8-43-215(1), C.R.S., and a request for a
full order is filed by any party, all parties shall have 7 days from the date the request for a full
order was filed to submit their proposed findings of fact, conclusions of law, and order. The
proposed orders shall be submitted by email, in Microsoft Word format, in 12-point type, Arial or
Helvetica font, to the applicable OAC email address.
OAC Rule 27. Petition to Review.
A.
Pursuant to section 8-43-301, C.R.S., if an order is subject to appeal, a party may file a Petition to
Review or a Petition to Review and Transcript Request with the OAC’s office in Denver. A Petition
to Review filed by email to OAC-DVR@state.co.us or OAC-PTR@state.co.us shall be deemed
filed with the OAC’s office in Denver. A Petition to Review or Petition to Review and Transcript
Request sent to the email address of a regional office is not deemed filed in Denver.
B.
Forms for a Petition to Review and a Petition to Review and Transcript Request are available on
the OAC website.
C.
When a Petition to Review and Transcript Request is filed, the following procedures shall apply:
1.
Any party who orders a transcript in connection with filing a Petition to Review in a
Workers' Compensation case is responsible for making arrangements to have the
hearing transcribed from the recording, and for filing the transcript with the OAC.
2.
A party filing a Petition to Review in a Workers' Compensation case who wishes to order
a transcript must include a statement that a transcript is requested in the caption of the
Petition to Review.
3
h filing a Petition to Review in a
Workers' Compensation case is responsible for making arrangements to have the
hearing transcribed from the recording, and for filing the transcript with the OAC.
2.
A party filing a Petition to Review in a Workers' Compensation case who wishes to order
a transcript must include a statement that a transcript is requested in the caption of the
Petition to Review.
3.
The transcript shall be prepared by a court reporter or transcriptionist who does not have
an interest in the case and whom the party requesting the transcript selects. Along with
the request for a transcript, the Petition to Review shall identify, by name and mailing
address, the person to whom the recording should be sent.
4.
The OAC shall mail to all parties a notification of the date the recording was sent to the
designated court reporter or transcriptionist. The 25 working-day time limit for filing the
transcript with OAC shall begin from the date contained in that notice, pursuant to section
8-43-213(2), C.R.S.
5.
If a transcript is not filed with the OAC within the 25 working-day time limit, and no motion
has been filed by a party and an order entered to extend the filing deadline, the OAC
shall issue an Order Striking Transcript Request and Notice and Briefing Schedule. The
issuance of a briefing schedule shall constitute notice to the parties that the order for the
transcript has been withdrawn. The briefing schedule shall control the processing of the
Petition to Review unless, within 7 days of the issuance of the briefing schedule, a party
makes a request, showing good cause, that the party be allowed to file a late transcript
with the OAC. If such a request is made, the ALJ shall rule on the request and, at the
same time, issue appropriate orders regarding the briefing schedule.
6.
The procedure set forth in this rule also applies to the order of a transcript by a party
opposing a Petition to Review.
D
he briefing schedule, a party
makes a request, showing good cause, that the party be allowed to file a late transcript
with the OAC. If such a request is made, the ALJ shall rule on the request and, at the
same time, issue appropriate orders regarding the briefing schedule.
6.
The procedure set forth in this rule also applies to the order of a transcript by a party
opposing a Petition to Review.
D.
Briefs in support or in opposition to Petitions to Review may not exceed 20 pages, double-
spaced in 12-point type, Arial or Helvetica font, exclusive of pages containing the table of
contents, tables of citations, and any addenda containing statutes, rules, decisions, regulations
and similar material. An ALJ may allow a brief to exceed 20 pages for good cause shown.

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E.
The ALJ may dismiss a Petition to Review or a Petition to Review and Transcript Request without
prior notice to the parties if it appears that the petition is not timely filed. A party may file a motion
requesting reconsideration of such an order within 20 days of the date of mailing of the order. A
denial of a motion for reconsideration is subject to a Petition to Review.
OAC Rule 28. Requests for Transcripts of Hearings Not in Connection with a Petition to Review.
A.
A party or other interested person may request a copy of the audio recording or a written
transcript of a hearing or part of a hearing, at the requesting party’s expense. A party or other
interested person is limited to the claimant, the respondent, the employer, the adjusting agent, or
an attorney or designated representative of any of the parties. A non-party witness may request
an audio copy or a written transcript only of their testimony.
B.
Any request for an audio recording shall be made pursuant to the applicable OAC Policy.
OAC Rule 29. Retention of Audio Recordings of Hearings.
The OAC shall retain audio recordings of hearings for at least three years following the date the recording
was made
ted representative of any of the parties. A non-party witness may request
an audio copy or a written transcript only of their testimony.
B.
Any request for an audio recording shall be made pursuant to the applicable OAC Policy.
OAC Rule 29. Retention of Audio Recordings of Hearings.
The OAC shall retain audio recordings of hearings for at least three years following the date the recording
was made. Audio recordings may be erased or destroyed at the conclusion of this three-year period.

## Nearby sections

- [1 CCR 104-1 PROCEDURAL RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_104_1.md)
- [1 CCR 104-2 JUDICIAL CONDUCT FOR ADMINISTRATIVE LAW JUDGES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_104_2.md)
- [1 CCR 104-3 PROCEDURAL RULES FOR WORKERS' COMPENSATION HEARINGS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_104_3.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_1_CCR_104_3. Check the current official text before relying on it. Not legal advice.