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Request Additional Time

 

CDHS Office of Appeals

 

Filing a Request for Additional Time To File Exceptions

and Other Procedural Matters

 

 

 Requesting Additional Time to File Exceptions

The Appeals Section may permit a party additional time to file Exceptions if the party establishes good cause for needing an extension.  If you need additional time, you may file a written request to extend the due date for filing Exceptions.  A request for additional time must be in writing (Be sure to include your name and case number).  The request must include the specific reason why additional time is required.  The request for an extension of time must be received in the Appeals Section before the due date for filing Exceptions.  Any request for an extension received by the Appeals Section after the due date for filing Exceptions will not be considered.

 

The Appeals Section will issue an order which grants or denies the request for additional time so a party has the opportunity to file Exceptions prior to the due date for filing Exceptions.  However, for any requests that are recieved on or near the due date for filing Exceptions, if the request is denied and the time for filing Exceptions has passed, the Appeals Section will not issue an order but rather recognize the denial of the request in the Final Agency Decision.

 

Unless less time is requested or the Appeals Section finds that a specific length of time is necessary based upon the nature of the request, it is the practice of the Appeals Section to grant an extension for fifteen days.  The Appeals Section will not grant an extension of more than 30 days, except under very limited circumstances when doing so promotes fundamental fairness. 

 

Representation & Withdrawal of Counsel

When an attorney seeks to withdraw from representing a client, the attorney must do so in compliance with the Colorado Rules of Civil Procedure.  The Appeals Section also accepts a written statement from the Appellant that they changed or no longer have an attorney or representative.

 

Procedural Orders

Procedural Orders may be issued when processing your case.  Some orders may merely be a notification; others will provide the parties specific instruction.  Some examples include:

 

Call for Comment

A Call for Comment is a procedural order that allows the parties and the State Department program area to respond to a question or questions from the Appeals Section.  This occurs when the Appeals Section has identified a significant issue of fact or law that has not been raised by the parties at the hearing, in the Exceptions or in the Response to Exceptions and parties would benefit from being able to comment on the issue.

 

Order of Remand

An order of remand is a procedural order that occurs when the Appeals Section is returning a case to the Office of Administrative Courts.  This can occur based upon a request contained in a party’s Exceptions or when the Appeals Section requires additional information prior to entering the Final Agency Decision.