1 Colo. Code Regs. § 104-3-16

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 1 CCR 104-3-16 - 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. 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or becomes moot before an order is issued, the moving party shall notify the OAC in writing that the motion is moot, or withdrawn.

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.

1 CCR 104-3-16

38 CR 05, March 10, 2015, effective 3/30/2015

42 CR 16, August 25, 2019, effective 9/14/2019

44 CR 11, June 10, 2021, effective 6/30/2021

46 CR 15, August 10, 2023, effective 9/1/2023