Rule 21.  Procedure in Summary Suspension Matters.

A.        All deadlines and procedures set forth herein or in the Colorado Rules of Civil Procedure may be modified as necessary to afford the right to a prompt hearing.

B.        In all matters involving a summary suspension, the agency shall immediately file a charging document and a Notice to Set the hearing on the merits with the OAC.  The Notice to Set shall contain a setting date obtained from the OAC that provides advance notice to the opposing party at least 5 days but no more than 10 days from the Notice to Set. 

C.        The Notice to Set shall provide the telephone number and address of the OAC.  The Notice to Set shall prominently inform the opposing party of its right to an expedited hearing and of the option to request a prehearing conference before an administrative law judge. 

D.        Either party may request in writing a prehearing conference before an administrative law judge in a summary suspension case.  The purpose of the prehearing conference shall be to arrange for expedited disclosures, discovery schedules, motion dates, and further prehearing conferences as necessary.

E.        In any case in which hearing is set 45 days or fewer from the date of the setting, the OAC will set a prehearing conference.