OAC Rule 8. Application for Hearing and Notice to Set.    

A.  The Application for Hearing and Notice to Set shall be on a form provided by the OAC, or on a substantially similar form.

B.  The hearing shall be set in the hearing venue closest to the claimant's residence, unless a different venue is agreed upon by the parties and approved by a judge, or as otherwise ordered by a judge.

C.  If the hearing is to be set in Denver, Greeley, or Fort Collins, the Application for Hearing and Notice to Set shall be filed at the OAC's Denver office.  If the hearing is to be set in Colorado Springs, Pueblo, or Alamosa, the Application for Hearing and Notice to Set shall be filed at the OAC's Colorado Springs office.  If the hearing is to be set in Grand Junction, Glenwood Springs, or Durango, the Application for Hearing and Notice to Set shall be filed at the OAC's Grand Junction office.

D.  Copies of the Application for Hearing and Notice to Set must be mailed or delivered to the opposing party or parties, as provided by Rule 6, O.A.C.R.P.

E.  A clerk of the OAC may reject any Application for Hearing and Notice to Set that is not complete.  The rejection of an Application for Hearing and Notice to Set by a clerk shall be without prejudice.

F.  The setting date shall be on a Tuesday, Wednesday, or Thursday, between the hours of 8:00 a.m. and 12:00 p.m., or 1:00 p.m. and 3:00 p.m.  The setting date shall be at least 10 days and no more than 20 days from the date of the filing of the Application for Hearing and Notice to Set.

G.  A Response to Application for Hearing and Notice to Set or a Notice of Entry of Appearance shall be filed before the date of the setting, as indicated on the Application for Hearing and Notice to Set.  If a Notice of Entry of Appearance is filed, the Response to Application for Hearing and Notice to Set shall be filed no more than 30 days from the date the Application for Hearing and Notice to Set was filed.

H.  A party who is not represented by an attorney may request that the OAC set the matter for hearing.  In that instance, Paragraph I below shall not apply.

I.  On the setting date, the applicant shall obtain available hearing dates from the OAC that are no more than 100 days from the date the Application for Hearing and Notice to Set was filed and, if a Response to Application for Hearing and Notice to Set or a Notice of Entry of Appearance was filed, contact the opposing party and agree on the date and time for the hearing.  The applicant shall send the OAC a written confirmation of the date and time selected.  If the parties are unable to agree on a date and time, the applicant shall notify the OAC in writing that there is no agreement, and the OAC shall set the matter for hearing at a date and time of its choosing.

J.  Upon motion and good cause shown, a judge may grant the parties a non-trailing setting for a hearing to be held in Colorado Springs, Denver, Grand Junction or Pueblo.  Non-trailing settings in other hearing locations may only be granted with the approval of the Director of the OAC, or his designee.  Before granting a motion for a non-trailing setting, the judge shall consider whether discovery has been completed, whether all documents have been exchanged, and docket availability.  No extensions of time to commence a non-trailing hearing shall be granted unless the request is made at least twenty days prior to the date of the hearing.

K.  If no written confirmation of the hearing is received by the OAC from a party within five days after the date of the setting, the application shall be stricken without prejudice.  Any party may, as permitted by law, file a new Application for Hearing and Notice to Set regarding issues that are ripe for adjudication.