1 Colo. Code Regs. § 211-1-4

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 1 CCR 211-1-4 - Determination of Motions

Basis and Purpose. The statutory authority for this Rule includes, but is not limited to, §§ 24-2-105 and 24-35-103, C.R.S. The purpose of this Rule is to define the determination of motions procedures applicable in administrative cases before the Colorado Department of Revenue's Hearings Division.

A. Any party filing a motion shall state the relief sought and the grounds on which relief should be granted and any supporting legal authority. Prior to filing any motion, the filing party must make a good faith attempt to confer with any other parties concerning the substance of the motion. The filing party must include a description of the conferral or attempt to confer in its motion. Unless otherwise ordered by the Hearing Officer:

1. Motions must be filed at least 21 days prior to hearing with the exception of Motions to Seal, which must be filed 14 days prior to the hearing. Any motion other than a Motion to Seal filed less than 21 days prior to a hearing will be considered untimely unless the Hearing Officer has given prior approval to the filing of the motion.

2. Responses to Motions may be filed by the non-moving party within 10 days after the date of service of the motion.

3. Replies to Responses are discouraged. Any party may file a reply within 7 days after the date of service of the response.

4. Proposed Orders must accompany all motions filed with the Hearings Division.

5. The Hearing Officer may act upon a motion at any time by issuing an order without waiting for a response or reply to the motion. Orders are not appealable unless otherwise provided by law.

6. Motions to Seal may be filed with a party's prehearing statement 14 days prior to hearing unless otherwise ordered by the Hearing Officer.

7. The Hearing Officer has discretion to set or modify any of the deadlines set forth above on a motion of a party.

B. A party seeking consolidation of two or more cases shall file a motion to consolidate in each case sought to be consolidated. If consolidation is granted, and unless otherwise ordered by the Hearing Officer, all subsequent filings shall be made in the case first filed and all previous filings related to the consolidated cases shall be placed together under that case number. Consolidation may be ordered on a Hearing Officer's own motion.

C. Continuances of Regulatory Hearings may be granted for good cause. Motions for continuance must be filed in a timely manner at least 48 hours prior to the scheduled hearing. Hearing Officers have discretion to grant untimely motions for good cause.

1 CCR 211-1-4

46 CR 21, November 10, 2023, effective 11/30/2023

47 CR 08, April 25, 2024, effective 5/15/2024