§ 8-43-211 — Notice - request for hearing

(1) At least thirty days before any
hearing, the office of administrative courts in the department of personnel shall
send written notice to all parties by regular or electronic mail or by facsimile. The
notice must:

(a) Give the time, date, and place of the hearing;

(b) Inform the parties that they must be prepared to present their evidence
concerning the issues to be heard;

(c) Inform the parties that they have the right to be represented by an
attorney or other person of their choice at the hearing.

(2) Hearings shall be set by the office of administrative courts in the
department of personnel within eighty to one hundred twenty days after any of the
following occur:

(a) The director sets any issue for hearing. The director may expedite the
hearing for good cause shown.

(b) Any party requests a hearing on issues ripe for adjudication by filing a
written request with the office of administrative courts in the department of
personnel on forms provided by the office. The request shall be mailed to all parties
at the time they are filed with the office of administrative courts. After the filing of
the requests, the office of administrative courts in the department of personnel
shall set the matter for hearing insofar as is practicable in the order in which
requests are received by the office of administrative courts.

(c) Any party or the attorney of such party sends notice to set a hearing on
issues ripe for adjudication to opposing parties or their attorneys. The director of
the office of administrative courts shall determine the place and time or times
during which settings can be made. At such setting, the party requesting the
setting shall submit a completed request for hearing form. Any notice to set shall
be mailed to opposing parties at least ten days prior to the setting date.

(3) If an attorney requests a hearing or files a notice to set a hearing on an
issue that is not ripe for adjudication at the time the request or filing is made, the
attorney may be assessed the reasonable attorney fees and costs of the opposing
party in preparing for the hearing or setting. The requesting party must prove its
attempt to have an unripe issue stricken by a prehearing administrative law judge to
request fees or costs. Requested fees or costs incurred after a prehearing
conference may only be awarded if they are directly caused by the listing of the
unripe issue.

(4) Except in claims in which compensability is contested or a hearing is
requested in response to a final admission of liability or to overcome a conclusion in
a division-sponsored independent medical examination, the party filing an
application for a hearing shall certify on the application that the party attempted to
resolve with the other parties all issues listed in the application for a hearing.

Legislative History

Source: L. 90: Entire article R&RE, p. 505, � 1, effective July 1. L. 91: Entire section amended, p. 1319, � 29, effective July 1. L. 95: IP(1), IP(2), and (2)(b) amended, p. 636, � 15, effective July 1. L. 2003: (2)(e) added, p. 1957, � 3, effective May 22. L. 2005: IP(1), IP(2), (2)(b), and (2)(c) amended, p. 855, � 15, effective June 1. L. 2007: (2)(e) amended, p. 1474, � 6, effective May 30. L. 2009: IP(1) amended, (HB 09-1150), ch. 309, p. 1665, � 1, effective August 5. L. 2013: (2)(d) amended, (SB 13-285), ch. 301, p. 1594, � 5, effective July 1. L. 2014: Entire section amended, (SB 14-191), ch. 316, p. 1372, � 4, effective July 1.