Administrative Hearing Request Packet

ADMINISTRATIVE HEARING REQUEST PACKET

State of Colorado

Office of Administrative Courts / Agency Contested Case Hearing

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of This Packet

This packet provides the forms, instructions, and guidance necessary to request a contested case administrative hearing before a Colorado state agency or the Colorado Office of Administrative Courts (OAC). Use this packet when you have received an adverse agency action and wish to contest it through a formal hearing process.

1.2 Governing Law

Colorado administrative hearings in contested cases are governed by the Colorado Administrative Procedure Act (APA), C.R.S. Section 24-4-101 et seq. The APA establishes the procedural framework for agency adjudications, including hearing requirements, evidence standards, and judicial review.

Key statutory provisions include:

• Section 24-4-102: Definitions, including "agency," "contested case," "license," and "party."
• Section 24-4-104: Rulemaking procedures (distinct from adjudication).
• Section 24-4-105: Hearings and determinations in contested cases -- this is the core hearing statute.
• Section 24-4-105(2): Right to notice and opportunity for hearing.
• Section 24-4-105(7): Evidence rules in contested cases.
• Section 24-4-105(14): Prehearing conferences.
• Section 24-4-105(15): Decisions and orders -- must include findings of fact and conclusions of law.
• Section 24-4-105(16): Initial decisions by ALJs.
• Section 24-4-106: Judicial review in district court.

1.3 Colorado Office of Administrative Courts (OAC)

Colorado established the Office of Administrative Courts (OAC) under C.R.S. Section 24-30-1001 et seq. The OAC is a centralized hearing office within the Department of Personnel and Administration that provides Administrative Law Judges (ALJs) to conduct contested case hearings for state agencies.

OAC handles two primary categories of hearings:

1. General Services Hearings: Hearings referred by various state agencies including professional licensing boards, regulatory agencies, and other state bodies. Governed by the OAC General Rules of Procedure (1 CCR 104-3).

2. Workers' Compensation Hearings: Hearings on workers' compensation claims. Governed by OAC Workers' Compensation Rules (1 CCR 104-1).

OAC location:
1525 Sherman Street, 4th Floor
Denver, CO 80203
Telephone: (303) 866-2000
Website: https://oac.colorado.gov

1.4 Agencies That Use OAC

The OAC conducts hearings for numerous Colorado agencies, including but not limited to:

• Division of Professions and Occupations (DORA)
• Department of Revenue
• Department of Labor and Employment
• Department of Human Services
• Department of Public Health and Environment
• Department of Regulatory Agencies (DORA)
• Department of Insurance
• Division of Real Estate
• Colorado Civil Rights Division
• Colorado Gaming Commission
• Colorado Liquor Enforcement Division
• State Board of Nursing
• State Board of Medical Examiners
• State Board of Pharmacy
• Colorado Public Utilities Commission (certain matters)

Note: Some agencies conduct their own hearings and do not use OAC. Always verify with the specific agency.

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE NOTICE

You must file your hearing request or answer within the time specified in the agency's notice of adverse action. Under C.R.S. Section 24-4-105, a person who receives notice of an agency adjudicatory hearing must file a written answer within 30 days after service or mailing of the notice. Individual agency statutes may impose shorter deadlines.

Common Colorado filing deadlines:

ALWAYS check the agency notice for the specific deadline. Some agencies impose shorter deadlines than the default 30 days.

SECTION 3: HEARING REQUEST COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
(Agency Name and Address / OAC if directed)

RE: Request for Administrative Hearing / Answer to Notice
Respondent/Petitioner: [________________________________]
Agency Case/Docket No.: [________________________________]
Date of Agency Action: [__/__/____]

Dear [________________________________] (Agency Hearing Coordinator / OAC):

Pursuant to the Colorado Administrative Procedure Act, C.R.S. Section 24-4-105, and applicable agency statutes and regulations, I hereby request a contested case hearing (or file this answer) to challenge the agency action described below.

Agency Action Being Challenged: [________________________________]
[________________________________]
[________________________________]

Date Notice Received: [__/__/____]

Filing Deadline: [__/__/____]

This filing is timely within the applicable deadline. Enclosed please find:

1. Formal Request for Administrative Hearing / Written Answer
2. Copy of the agency notice/decision being challenged
3. Statement of Issues and Grounds for Hearing
4. Supporting documents (if applicable at this stage)
5. Certificate of Service

Please direct all correspondence regarding this matter to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

☐ A stay of the agency action is requested pending resolution.
☐ A stay is not requested at this time.

Respectfully submitted,

______________________________
[________________________________]
(Printed Name and Title)

SECTION 4: FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE COLORADO OFFICE OF ADMINISTRATIVE COURTS

(or: BEFORE THE [________________________________])

(Name of Colorado State Agency, if hearing conducted by agency)

OAC Case No.: [____] (leave blank; assigned by OAC)
Agency Case/Docket No.: [________________________________]

REQUEST FOR HEARING / WRITTEN ANSWER TO NOTICE

Pursuant to C.R.S. Section 24-4-105

I. RESPONDENT/PETITIONER INFORMATION

Attorney Information (if represented):

II. AGENCY INFORMATION

III. AGENCY ACTION BEING CHALLENGED

Type of Agency Action (check all that apply):

☐ Denial of application for [________________________________]
☐ Revocation of [________________________________]
☐ Suspension of [________________________________]
☐ Imposition of fine/civil penalty in the amount of $[________________________________]
☐ Enforcement or compliance order requiring [________________________________]
☐ Benefit denial or reduction of [________________________________]
☐ Tax assessment/deficiency in the amount of $[________________________________]
☐ Cease and desist order
☐ Summary suspension or emergency action
☐ Denial of license renewal
☐ Probation or conditions on license
☐ Workers' compensation dispute
☐ Other: [________________________________]

Brief Description of Agency Action:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

IV. STATUTORY BASIS FOR HEARING RIGHT

Respondent/Petitioner is entitled to a contested case hearing pursuant to:

☐ C.R.S. Section 24-4-105 (Colorado APA - Contested Case Hearings)
☐ C.R.S. Section 24-4-104.5 (Licensing hearings)
☐ Agency-specific statute: [________________________________]
☐ Agency regulation: [________________________________]
☐ Federal law requirement (specify): [________________________________]
☐ Due process clause, Colorado Constitution Art. II, Section 25
☐ Due process clause, U.S. Constitution, Fourteenth Amendment
☐ Other: [________________________________]

V. TIMELINESS STATEMENT

The agency notice was served on [__/__/____] by ☐ personal service / ☐ mail. The applicable deadline for filing an answer or hearing request is [____] days after service/mailing, as provided by [________________________________] (cite statute or regulation). This request is being filed on [__/__/____], which is ☐ within / ☐ outside the applicable deadline.

If filed outside the deadline, state grounds for good cause:

[________________________________]
[________________________________]
[________________________________]

VI. GROUNDS FOR CONTESTING THE AGENCY ACTION

Respondent/Petitioner contests the agency action on the following grounds (check all that apply):

☐ The agency's factual findings are not supported by substantial evidence in the record.
Explanation: [________________________________]
[________________________________]

☐ The agency misapplied or misinterpreted the governing statute or regulation.
Cite statute/regulation: [________________________________]
Explanation: [________________________________]
[________________________________]

☐ The agency failed to follow required procedures under the APA or agency rules.
Explanation: [________________________________]
[________________________________]

☐ The agency action is arbitrary or capricious or otherwise contrary to law.
Explanation: [________________________________]
[________________________________]

☐ The agency exceeded its constitutional or statutory authority.
Explanation: [________________________________]
[________________________________]

☐ The agency action violates constitutional rights (state or federal).
Explanation: [________________________________]
[________________________________]

☐ The penalty, sanction, or discipline imposed is excessive or not authorized by law.
Explanation: [________________________________]
[________________________________]

☐ New or additional evidence exists that was not previously considered by the agency.
Explanation: [________________________________]
[________________________________]

☐ Other grounds:
[________________________________]
[________________________________]

VII. SPECIFIC RELIEF REQUESTED

☐ Reversal of the agency action in its entirety
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance of the license/permit/benefit that was denied
☐ Reinstatement of the license/permit
☐ Reduction or elimination of the fine/penalty
☐ Rescission of the enforcement order
☐ Remand to the agency for further proceedings
☐ Award of attorney's fees (if authorized by statute)
☐ Other relief: [________________________________]

VIII. REQUEST FOR STAY OF AGENCY ACTION

☐ Respondent/Petitioner requests a stay of the agency action pending the outcome of this hearing.

Grounds for Stay:

1. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

2. Irreparable harm absent a stay:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties or the public interest:
   [________________________________]
   [________________________________]

4. The balance of equities favors a stay:
   [________________________________]
   [________________________________]

IX. HEARING PREFERENCES

Preferred hearing format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred hearing location:
☐ Denver (OAC headquarters)
☐ Colorado Springs
☐ Grand Junction
☐ Other: [________________________________]

Estimated length of hearing: [____] hours / [____] days

Number of witnesses Respondent/Petitioner expects to call: [____]

Dates of unavailability in the next 120 days:
[________________________________]

Special accommodations needed:
☐ Interpreter (language: [________________________________])
☐ ADA accommodations: [________________________________]
☐ Other: [________________________________]

X. SIGNATURE AND VERIFICATION

I declare under penalty of perjury under the laws of the State of Colorado that the information provided in this request is true and correct to the best of my knowledge and belief.

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Attorney Printed Name: [________________________________]

Colorado Attorney Registration No.: [____]

Date: [__/__/____]

SECTION 5: FILING INSTRUCTIONS

5.1 Where to File

General Services hearings: File the hearing request or answer with the agency that issued the adverse action. The agency then refers the matter to the OAC for scheduling and assignment of an ALJ.

Workers' compensation hearings: File directly with the OAC Workers' Compensation section.

OAC Contact Information:

Colorado Office of Administrative Courts
1525 Sherman Street, 4th Floor
Denver, CO 80203
Telephone: (303) 866-2000
Website: https://oac.colorado.gov

5.2 Filing Methods

☐ Personal delivery / hand filing
☐ United States Mail
☐ Certified mail, return receipt requested (recommended)
☐ Facsimile (if authorized by agency/OAC rules)
☐ Electronic filing (if available through the agency or OAC e-filing system)
☐ Email (only if specifically authorized)

5.3 Filing Fees

Most Colorado agencies and the OAC do not charge a filing fee for hearing requests. However, verify with the specific agency. Some specialized proceedings may require fees.

5.4 Service Requirements

Under C.R.S. Section 24-4-105 and OAC rules, you must serve a copy of your hearing request or answer on all other parties. File a certificate of service with the agency or OAC.

SECTION 6: DEADLINES AND TIMELINE

6.1 Key Deadlines After Filing

6.2 The Prehearing Statement Requirement

Under OAC General Rules of Procedure (1 CCR 104-3, Rule 8), prehearing statements must be filed and served no later than 20 days before the hearing date (or such other date as the ALJ establishes). The prehearing statement must include:

☐ A concise statement of the case
☐ A statement of the issues to be determined
☐ A list of witnesses with a summary of expected testimony
☐ A list of exhibits to be offered at hearing
☐ Stipulated facts (if any)
☐ Estimated hearing time
☐ Any other matters directed by the ALJ

6.3 The Initial Decision and Exception Process

Under C.R.S. Section 24-4-105(16):

• The ALJ's decision is an initial decision, not a final decision
• The initial decision becomes final only if no exceptions are filed within 30 days
• Any party may file exceptions to the initial decision within 30 days
• If exceptions are filed, the agency head reviews the record and issues a final agency decision
• This exception process is a critical step between the ALJ hearing and judicial review

SECTION 7: DISCOVERY AND EVIDENCE RULES

7.1 Discovery

Under OAC General Rules of Procedure and the Colorado Rules of Civil Procedure (as applied to administrative proceedings):

• Colorado Rules of Civil Procedure apply to OAC matters to the extent practicable and unless inconsistent with OAC rules
• Parties may engage in discovery including interrogatories, requests for production, requests for admission, and depositions
• Discovery disputes are resolved by the ALJ
• The ALJ may issue subpoenas for witnesses and documents upon request
• Parties must share exhibits and documents with the opposing party before the hearing

7.2 Subpoena Power

To obtain a subpoena:

☐ File a written request with the ALJ identifying the witness or documents
☐ State the relevance of the testimony or documents
☐ Allow adequate time for issuance and service before the hearing
☐ Arrange for proper service of the subpoena

7.3 Evidence Rules at Hearing

Under C.R.S. Section 24-4-105(7) and OAC rules:

• Colorado Rules of Evidence apply to all OAC hearings to the extent practicable
• References to "court," "judge," or "jury" in the Rules of Evidence are construed to mean the ALJ
• The ALJ has discretion to admit evidence not admissible under the Rules of Evidence if the evidence is reliable and probative
• Hearsay: May be admitted at the ALJ's discretion, but findings cannot rest solely on hearsay if a party objects and the hearsay would not be admissible under any exception
• Documentary evidence: Copies are generally admissible if the original is unavailable
• Official notice: The ALJ may take official notice of judicially cognizable facts and matters within the agency's expertise
• All exhibits must be shared with the opposing party before the hearing; failure to do so may result in exclusion

7.4 Burden of Proof

• Agency enforcement/discipline: The agency bears the burden of proof, generally by a preponderance of the evidence (some statutes require clear and convincing evidence)
• License applications: The applicant bears the burden of establishing eligibility
• Workers' compensation: The claimant bears the burden of proving a compensable injury

SECTION 8: PREHEARING CONFERENCE PROCEDURES

8.1 Scheduling

Under OAC rules, when a hearing is set 45 days or more from the date of setting, the OAC will schedule a prehearing conference. The ALJ may also order a prehearing conference on the ALJ's own motion or at the request of any party.

8.2 Purposes

The prehearing conference addresses:

• Simplification and clarification of issues
• Identification of stipulated and contested facts
• Exchange of witness lists and exhibit lists
• Scheduling of discovery deadlines
• Ruling on pending motions
• Discussion of settlement or alternative resolution
• Setting the hearing date and estimating hearing length
• Any other matters to promote efficient conduct of the hearing

8.3 Prehearing Conference Preparation

☐ Review the notice and all agency documents
☐ Prepare a list of issues for the hearing
☐ Identify all witnesses and prepare a preliminary witness list
☐ Prepare a preliminary exhibit list
☐ Identify facts that can be stipulated
☐ Prepare any pending motions
☐ Consider discovery needs and prepare discovery requests
☐ Assess settlement possibilities

8.4 Prehearing Orders

After the prehearing conference, the ALJ will issue a prehearing order that establishes:

• Hearing date and location
• Deadlines for prehearing statements
• Deadlines for witness and exhibit exchanges
• Discovery deadlines
• Any other requirements

Failure to comply with a prehearing order may result in sanctions, including exclusion of evidence or witnesses.

SECTION 9: HEARING PROCEDURES

9.1 Conduct of the Hearing

Under C.R.S. Section 24-4-105 and OAC rules:

• The hearing is conducted by an ALJ from the OAC
• All testimony is taken under oath or affirmation
• Parties have the right to be represented by counsel or to appear pro se
• Parties may present evidence, call witnesses, and cross-examine opposing witnesses
• The hearing is recorded (audio recording is standard at OAC)
• Hearings are generally open to the public unless confidentiality requirements apply

9.2 Order of Proceedings

1. ALJ opens the hearing, identifies the parties, and states the issues
2. Opening statement by the party with the burden of proof
3. Opening statement by the responding party
4. Presentation of evidence by the party with the burden (direct examination, exhibits, cross-examination)
5. Presentation of evidence by the responding party
6. Rebuttal evidence (if permitted by the ALJ)
7. Closing arguments (oral or by written brief, as directed by the ALJ)
8. The ALJ may request post-hearing briefs or proposed findings

9.3 Default Proceedings

If a party fails to appear at the hearing without good cause:

• The ALJ may proceed with the hearing in the party's absence
• The ALJ may issue a decision based on the evidence presented
• To set aside a default, the absent party must file a motion demonstrating good cause

9.4 Continuances

Requests for continuance should be filed promptly. Under OAC rules:

• Continuances are granted only for good cause shown
• Requests should be made as far in advance of the hearing date as possible
• Stipulated continuance requests are more likely to be granted
• The ALJ has discretion to grant or deny continuance requests

SECTION 10: POST-HEARING PROCEDURES

10.1 Post-Hearing Briefs

The ALJ may permit or require post-hearing briefs. If ordered:

☐ File by the deadline established by the ALJ
☐ Address all issues raised at the hearing
☐ Cite to the record (transcript pages, exhibit numbers)
☐ Include proposed findings of fact and conclusions of law if requested
☐ Serve copies on all parties

10.2 ALJ Initial Decision

Under C.R.S. Section 24-4-105(15) and (16):

• The ALJ issues an initial decision in writing
• The decision must include findings of fact and conclusions of law, separately stated
• For General Services cases, the decision is issued within 60 days after the hearing concludes
• The initial decision is served on all parties
• The initial decision is not the final agency decision -- it becomes final only if no exceptions are filed

10.3 Exceptions to the Initial Decision

Under C.R.S. Section 24-4-105(16):

• Any party may file exceptions to the ALJ's initial decision within 30 days after the decision is rendered
• Exceptions must specify the findings of fact or conclusions of law to which exception is taken
• If exceptions are filed, the agency head (or designee) reviews the record and the exceptions
• The agency may adopt, modify, or reverse the ALJ's initial decision
• If the agency modifies the ALJ's findings, it must explain its reasons based on the record

10.4 Final Agency Decision

• If no exceptions are filed within 30 days, the initial decision becomes the final agency decision by operation of law
• If exceptions are filed, the agency head issues a final decision after reviewing the record and exceptions
• The final agency decision is the decision that is subject to judicial review

SECTION 11: APPEAL RIGHTS AND JUDICIAL REVIEW

11.1 Judicial Review (C.R.S. Section 24-4-106)

• Where to file: District court of the county where the agency maintains its principal office, or where the party resides or has its principal place of business
• Filing deadline: Within 35 days after the final agency action becomes effective
• Who may appeal: Any person adversely affected or aggrieved by agency action who was a party to the agency proceeding
• Record: The agency must transmit the record to the court

11.2 Standard of Judicial Review

Under C.R.S. Section 24-4-106(7), the court may set aside the agency action if it finds that the action is:

☐ Arbitrary or capricious
☐ A denial of statutory right
☐ Contrary to constitutional right, power, privilege, or immunity
☐ In excess of statutory jurisdiction, authority, purposes, or limitations
☐ Not in accordance with the procedures or procedural limitations of the statute
☐ An abuse or clearly unwarranted exercise of discretion
☐ Based upon findings of fact that are clearly erroneous on the whole record
☐ Unsupported by substantial evidence when the record is considered as a whole
☐ Otherwise contrary to law

11.3 Exhaustion of Administrative Remedies

Before seeking judicial review, you must exhaust all available administrative remedies, including:

• Filing exceptions to the ALJ's initial decision
• Participating in the agency's exception/review process
• Obtaining a final agency decision

Failure to exhaust administrative remedies may result in dismissal of the judicial review action.

11.4 Stay Pending Judicial Review

Under C.R.S. Section 24-4-106(5), a party may seek a stay of the agency action pending judicial review. The court may grant a stay upon appropriate terms.

SECTION 12: DOCUMENT CHECKLIST

Filing Documents

☐ Hearing Request Cover Letter completed and signed
☐ Formal Request for Hearing / Written Answer completed and signed
☐ Statement of Issues / Grounds for Hearing completed
☐ Copy of agency notice/decision being challenged attached
☐ All supporting documents attached as exhibits
☐ Request for Stay of Agency Action (if applicable)
☐ Certificate of Service completed

Filing Verification

☐ Filed within the applicable deadline (30 days default or as specified in notice)
☐ Filed with the correct agency (check whether to file with agency or OAC)
☐ Confirmed filing method is accepted
☐ Served copy on all opposing parties
☐ Retained complete copy for personal records

Calendar and Deadlines

☐ Calendar the following key dates:
☐ Answer/hearing request filing deadline
☐ Prehearing conference date (when scheduled)
☐ Prehearing statement deadline (20 days before hearing)
☐ Exhibit exchange deadline
☐ Witness list deadline
☐ Hearing date
☐ Post-hearing brief deadline (if ordered)
☐ ALJ initial decision expected (within 60 days of hearing for GS cases)
☐ Exception filing deadline (30 days after initial decision)
☐ Final agency decision
☐ Judicial review deadline (35 days after final agency action)

SECTION 13: CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Request for Administrative Hearing / Written Answer and all attached documents upon the following party(ies) by the method indicated:

Party Served:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Additional Party Served (if applicable):

Name: [________________________________]
Title/Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 14: HEARING PREPARATION CHECKLIST

30 Days Before Hearing

☐ Obtain and review the complete administrative record and agency file
☐ Review the ALJ's prehearing order for all deadlines and requirements
☐ Identify all witnesses and prepare a comprehensive witness list
☐ Prepare subpoena requests for witnesses who may not attend voluntarily
☐ Request subpoenas duces tecum for documents from third parties
☐ Organize all exhibits chronologically or by subject matter
☐ Complete all outstanding discovery (interrogatories, depositions, document requests)
☐ File any prehearing motions (motions in limine, motions to compel, motions to dismiss)
☐ Research applicable Colorado statutes, regulations, and case law
☐ Prepare a prehearing statement (due 20 days before hearing under OAC rules)

14 Days Before Hearing

☐ Confirm hearing date, time, and location with OAC or agency
☐ File and serve the prehearing statement if not already filed
☐ Prepare witnesses for direct and cross-examination
☐ Prepare an opening statement outline
☐ Prepare direct examination questions for each witness
☐ Prepare cross-examination questions for opposing witnesses
☐ Organize exhibits in labeled hearing binders (original plus copies for ALJ and opposing party)
☐ Confirm technology needs (telephone, video conference equipment)
☐ Share all exhibits with opposing party per ALJ order

7 Days Before Hearing

☐ File final witness and exhibit lists per ALJ order
☐ Confirm all witnesses' availability and attendance
☐ Prepare closing argument outline or post-hearing brief outline
☐ Review all prehearing orders and ensure full compliance
☐ Arrange travel and accommodations if hearing is outside Denver
☐ Prepare a chronology of events for hearing reference

Day of Hearing

☐ Arrive early at OAC or hearing location
☐ Check in with the ALJ's clerk or OAC staff
☐ Bring all original exhibits and sufficient copies (minimum 3 sets)
☐ Bring copies of relevant statutes, regulations, and rules
☐ Bring notepad and pen for notes during testimony
☐ Ensure all witnesses are present and ready
☐ Dress professionally

SECTION 15: PRACTICE TIPS FOR COLORADO ADMINISTRATIVE HEARINGS

15.1 The OAC General Rules of Procedure Are Essential

Familiarize yourself with the OAC General Rules of Procedure (1 CCR 104-3). These rules govern prehearing statements, exhibit exchange, motions, hearing conduct, and post-hearing procedures for all General Services cases. The rules are available at https://oac.colorado.gov.

15.2 The Prehearing Statement Is Mandatory

Under OAC Rule 8, you must file a prehearing statement at least 20 days before the hearing. Failure to file may result in exclusion of witnesses or exhibits. Take this requirement seriously.

15.3 Share Exhibits Before the Hearing

Under OAC rules, you must provide copies of all exhibits to the opposing party before the hearing. If you fail to share exhibits in advance, the ALJ may exclude them at the hearing. There are no trial by ambush tactics in OAC proceedings.

15.4 The Initial Decision Is Not the Final Decision

The ALJ's decision is an initial decision that becomes final only after the 30-day exception period expires. If you disagree with the ALJ's decision, you must file exceptions within 30 days. If you fail to file exceptions, you may waive your right to challenge certain findings on judicial review.

15.5 File Exceptions to Preserve Issues

To preserve issues for judicial review, you should file exceptions to the initial decision. Under Colorado law, issues not raised in exceptions may be deemed waived on judicial review.

15.6 The 35-Day Judicial Review Window

After the final agency action, you have 35 days to file for judicial review in district court under C.R.S. Section 24-4-106(4). This deadline is jurisdictional.

15.7 Colorado Rules of Evidence Apply

Unlike many states with relaxed evidence rules, Colorado applies the Colorado Rules of Evidence in OAC hearings to the extent practicable. The ALJ has discretion to admit additional evidence, but you should be prepared to lay proper foundations and meet evidentiary requirements.

15.8 Workers' Compensation Has Different Rules

Workers' compensation hearings at the OAC are governed by separate rules (1 CCR 104-1) and statutory provisions (C.R.S. Section 8-43-207). Do not confuse the General Services rules with the Workers' Compensation rules.

15.9 Settlement Is Encouraged

The ALJ and the agency may encourage settlement. Consider settlement discussions early in the process. A negotiated resolution can save time, expense, and uncertainty.

15.10 Pro Se Parties

If you are not represented by an attorney, the ALJ will explain the hearing process but cannot provide legal advice. Consider consulting with an attorney, even if you plan to represent yourself. The Colorado Bar Association operates a lawyer referral service.

SECTION 16: KEY CONTACTS AND RESOURCES

SECTION 17: SOURCES AND REFERENCES

• Colorado Administrative Procedure Act, C.R.S. Section 24-4-101 et seq.
• C.R.S. Section 24-4-105 (Hearings and Determinations)
• C.R.S. Section 24-4-106 (Judicial Review)
• C.R.S. Section 24-30-1001 et seq. (Office of Administrative Courts)
• OAC General Rules of Procedure, 1 CCR 104-3
• OAC Website: https://oac.colorado.gov
• Colorado Rules of Evidence
• Colorado Rules of Civil Procedure

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures may vary depending on the specific Colorado agency involved. The OAC General Rules of Procedure (1 CCR 104-3) govern General Services hearings, while separate rules apply to workers' compensation proceedings. You must confirm the specific procedures, forms, and deadlines applicable to your case. You must have this template reviewed and customized by a qualified attorney licensed in Colorado before use. Filing deadlines are strictly enforced.