(1)Notwithstanding any provision of articles 40 to 47 of this title 8 to the contrary, at
any time prior to the formal adjudication on the record of any issue before the
director or an administrative law judge in the office of administrative courts in the
department of personnel, any party to a claim may request a prehearing conference
before a prehearing administrative law judge in the division for the speedy
resolution of or simplification of any issues and to determine the general readiness
of remaining issues for formal adjudication on the record. The issues addressed in
the prehearing conference may include any issues properly within the authority of a
prehearing administrative law judge pursuant to subsection (2) of this section. The
filing of an application for hearing w
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(1)
Notwithstanding any provision of articles 40 to 47 of this title 8 to the contrary, at
any time prior to the formal adjudication on the record of any issue before the
director or an administrative law judge in the office of administrative courts in the
department of personnel, any party to a claim may request a prehearing conference
before a prehearing administrative law judge in the division for the speedy
resolution of or simplification of any issues and to determine the general readiness
of remaining issues for formal adjudication on the record. The issues addressed in
the prehearing conference may include any issues properly within the authority of a
prehearing administrative law judge pursuant to subsection (2) of this section. The
filing of an application for hearing with the office of administrative courts in the
department of personnel is not a prerequisite to a request for a prehearing
conference under this section. The director and the administrative law judges in the
office of administrative courts in the department of personnel may also request a
prehearing conference under this section.
(2) (a) Prehearing administrative law judge means a qualified person
appointed by the director pursuant to section 8-47-101 to preside over prehearing
conferences pursuant to this section, to approve settlements pursuant to section 8-43-204, to conduct settlement conferences pursuant to section 8-43-206, and to
conduct arbitrations pursuant to section 8-43-206.5.
(b) Prehearing administrative law judges have authority to approve any
stipulations of the parties and issue interlocutory orders regarding procedural
matters. Procedural matters include:
(I) Issuing subpoenas for witnesses and documentary evidence that must be
served in the same manner as subpoenas served in district court;
(II) Resolving prehearing evidentiary disputes;
(III) Determining if depositions must be taken;
(IV) Ruling on the imposition of sanctions for discovery disputes provided in
the Colorado rules of civil procedure, except rule 107;
(V) Granting or denying requests for extensions of time for taking any action
specified in this article 43;
(VI) Resolving disputes regarding discovery, including permission to engage
in discovery with a self-represented party;
(VII) Appointing guardians ad litem and conservators, as appropriate, and
assessing the reasonable fees and costs for any appointments from one or more of
the parties;
(VIII) Determining the ripeness of legal issues for formal adjudication;
(IX) Determining the competency of any party to a claim to enter into
settlement agreements; and
(X) Resolving disputes regarding indigency, the content and format of
medical records submitted to an independent medical examiner selected pursuant
to section 8-42-107.2, including whether medical records are relevant or
duplicative, and the allocation of the cost of the IME to the respective parties in
excess of the base cost.
(3) An order entered by a prehearing administrative law judge shall be an
order of the director and binding on the parties. Such an order shall be
interlocutory. Prehearing conferences need not be held on the record; however, any
party to a claim may request in advance that a record be made of the prehearing
conference, either taken verbatim by a court reporter provided and paid for by the
requesting party or electronically recorded by the division.
(4) The director shall adopt rules and regulations as may be necessary to
implement the provisions of this section.