(1)Any employee, insurer, or
employer, if self-insured, involved in a dispute arising under articles 40 to 47 of this
title may request settlement conference services from the director or the office of
administrative courts in the department of personnel. However, such settlement
procedures are optional and entirely voluntary, and no such procedures shall be
conducted without the consent of both parties to the dispute.
(2)Settlement conferences shall be conducted by a settlement conference
officer who may be a prehearing administrative law judge or an administrative law
judge in the office of administrative courts in the department of personnel
appointed pursuant to section 24-30-1003, C.R.S., and assigned to hear disputes
arising under articles 40 to 47 of this title. The part
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(1) Any employee, insurer, or
employer, if self-insured, involved in a dispute arising under articles 40 to 47 of this
title may request settlement conference services from the director or the office of
administrative courts in the department of personnel. However, such settlement
procedures are optional and entirely voluntary, and no such procedures shall be
conducted without the consent of both parties to the dispute.
(2) Settlement conferences shall be conducted by a settlement conference
officer who may be a prehearing administrative law judge or an administrative law
judge in the office of administrative courts in the department of personnel
appointed pursuant to section 24-30-1003, C.R.S., and assigned to hear disputes
arising under articles 40 to 47 of this title. The parties may agree on the selection
of a settlement conference officer; except that such officer shall not be the
administrative law judge who is regularly assigned to hear the employee's case. If
the parties fail to agree on the selection of such officer, they may apply to the
director or to the office of administrative courts for the designation of a settlement
conference officer who shall not be the administrative law judge who is regularly
assigned to hear the employee's case.
(3) Settlement conference proceedings conducted pursuant to this section
shall be considered to be settlement negotiations and are confidential. No
admission, representation, or statement made in the course of such settlement
conference proceedings that is not otherwise subject to discovery or otherwise
obtainable under the procedures established in articles 40 to 47 of this title shall
be admissible as evidence or subject to discovery under said articles. No settlement
conference officer who participates in settlement conference proceedings
conducted pursuant to this section shall be compelled or permitted to testify about
any matter discussed or revealed during such proceedings in any other proceeding
under articles 40 to 47 of this title.
(4) The executive director of the department of personnel shall adopt rules
and regulations to implement the provisions of this section. Such rules and
regulations shall be consistent with the provisions of section 8-43-204.
(5) The director of the division of workers' compensation shall adopt rules
and regulations to implement the provisions of this section. Such rules and
regulations shall be consistent with the provisions of section 8-43-204.