OACRP 26
OAC Rule 26. Petition to Review.
A. If an order is subject to appeal, a party may file a Petition to Review or a Petition to Review and Transcript Request with the judge who issued the order at the address stated in the order. If no address for filing a Petition to Review was stated in the order, then a Petition to Review or a Petition to Review and Transcript Request may be filed in the office of the judge who issued the order, or with the OAC's office in Denver.
B. Forms for a Petition to Review and a Petition to Review and Transcript Request are available from the OAC.
C. A request for an extension of time to file a Petition to Review or a Petition to Review and Transcript Request may only be granted if the request is filed within the time limit for filing a Petition to Review.
D. When a Petition to Review and Transcript Request is filed, the following procedures shall apply:
Any party who orders a transcript in connection with filing a Petition to Review in a Workers' Compensation case is responsible for making arrangements to have the hearing transcribed from the disk or tape cassette, and for filing the written transcript with the OAC.
A party filing a Petition to Review in a Workers' Compensation case who wishes to order a transcript must include a statement that a transcript is requested in the caption of the Petition to Review.
The transcript shall be prepared by a court reporter or transcriptionist who does not have an interest in the case and whom the party requesting the transcript selects. Along with the request for a transcript, the Petition to Review shall identify, by name and mailing address, the person to whom the disk or tape cassette should be sent.
The OAC shall mail to all parties a notification of the date the disk or tape cassette was sent to the designated court reporter or transcriptionist. The twenty-five working day time limit for filing the transcript with OAC shall begin from the date contained in that notice, pursuant to Section 8-43-213(2), C.R.S.
If a transcript is not filed with the OAC within the twenty-five working day time limit, and no motion has been filed by a party and an order entered to extend the filing deadline, the OAC shall issue an Order Striking Transcript Request and Notice and Briefing Schedule. The issuance of a briefing schedule shall constitute notice to the parties that the order for the transcript has been withdrawn. The briefing schedule shall control the processing of the Petition to Review unless, within seven days of the issuance of the briefing schedule, a party makes a request, showing good cause, that the party be allowed to file a late transcript with the OAC. If such a request is made, the judge shall rule on the request and, at the same time, issue appropriate orders regarding the briefing schedule.
Once the original hearing transcript has been filed with the OAC, parties to the case may obtain a photocopy of the transcript from the OAC. The charge for obtaining photocopies of original hearing transcripts shall be $1.00 per page.
The procedure set forth in this rule also applies to the order of a transcript by a party opposing a Petition to Review.
E. Briefs in support or in opposition to Petitions to Review may not exceed twenty pages, double-spaced and in a type face no smaller than 12 points, exclusive of pages containing the table of contents, tables of citations, and any addenda containing statutes, rules, decisions, regulations and similar material. A judge may allow a brief to exceed twenty pages for good cause shown.
F. The judge may dismiss a Petition to Review or a Petition to Review and Transcript Request without prior notice to the parties if it appears that the petition is not timely filed. A party may file a motion requesting reconsideration of such an order within twenty days of the date of mailing of the order. A denial of a motion for reconsideration is subject to a Petition to Review.
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