Policy 14

Discovery: Office of Administrative Courts and Division of Workers' Compensation

1.      Section 8-43-201, C.R.S., gives the Administrative Law Judges (ALJs) of the Office of Administrative Courts (OAC) original, concurrent jurisdiction with the Director of the Division of Workers' Compensation (DOWC) to deal with contested workers' compensation matters.  When the OAC is dealing with contested workers' compensation matters, it stands in the shoes of the DOWC - it is the agency.

2.   Ordinarily, discovery concerning non-parties is limited to depositions upon an order of an ALJ.  Discovery concerning the agency itself (DOWC or OAC) is even more limited.  Absent a compelling reason, discovery is limited to a public records request under the State Public Records Act, Section 24-72-201 et seq., C.R.S., or an order of an ALJ after a hearing on the issue of "compelling reason for discovery concerning the agency."