1 Colo. Code Regs. § 104-3-24

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

Rule 1 CCR 104-3-24 - 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.

1 CCR 104-3-24

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