8 Colo. Code Regs. § 1301-1-7

Current through Register Vol. 47, No. 17, September 10, 2024

Rule 8 CCR 1301-1-7 - Motions

a.Generally. In the interests of judicial economy and administrative efficiency and to promote collaboration between the parties, the filing of motions by any party is strongly discouraged. Parties should focus their efforts on resolving issues before filing motions. The Board, in its discretion, may decline to consider any motion filed by the parties. After the filing of a petition, an application for an order or relief shall be made by filing of a written motion. The motion shall state the relief sought and the grounds on which it is believed the relief should be granted and, as appropriate, any supporting legal authority of which the filing party is aware. Prior to filing any motion, the filing party must make a good faith attempt to confer with the opposing party or intervenor concerning the substance of the motion. The filing party must include a description of such attempts in its motion.

b.Non-procedural Motions. Unless otherwise provided for in these rules, such motions may not be filed fewer than 14 calendar days before the hearing. Any party or intervenor may file a response in opposition to such motions within 7 calendar days after service of the motion. Reponses are encouraged. Replies may be filed within 3 business days after service of the response.

c.Procedural Motions. Motions for a procedural order may be filed any time and the Board may act upon such motions at any time, without awaiting a response to such motions.

d.Responses to Motions. Any responses to motions, unless otherwise stated within these rules, shall be due within 7 calendar days. However, if a motion is filed 28 calendar days or fewer prior to a hearing, any response shall be due within 3 business days.

e.Motions Concerning Stipulations. Motions which, if granted, tend to reduce the number of issues to be presented at the hearing, whether factual or legal in nature, are encouraged.

f.Post-Order Motions. Motions for post-order relief of any kind shall be made within 14 calendar days of the date of the order. However, the filing of such a motion does not toll the period for seeking judicial review.

g.Motions Concerning Clerical Mistakes and Oversights. Clerical mistakes in orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the Board at any time on its own motion or on the motion of any party or intervenor. During the pendency of judicial review, such mistakes may be so corrected before the case is docketed in the appellate court, and, thereafter, while the judicial review is pending, may be corrected only with leave of the appellate court.

h. Any motion filed pursuant to Rule 7 (f) and (g) is deemed denied if not ruled on within 21 days after its filing with the Board.

8 CCR 1301-1-7

42 CR 14, July 25, 2019, effective 8/15/2019