Rule 1.  Scope of Rules.

A.        Except as otherwise ordered by the administrative law judge and except as excluded below, these rules apply to the conduct of all cases before the Office of Administrative Courts, Colorado Department of Personnel, whether contested or not.  

B.        These rules do not apply to:

1.            Juvenile and adult parole proceedings.

2.            Disputes concerning workers' compensation.

3.            Record reviews before the State Department of Human Services as described in 12 C.C.R. 2509-3.

4.            Permanency hearings pursuant to Sec. 475 (5)(C) of the Social Security Act, 42 U.S.C. 675.

C.        Rules 4-6, 8-17, 19, 21 and 26 are excluded from application to cases before the Colorado Department of Human Services, the Colorado Department of Health Care Policy and Financing, or any County Department of Social or Human Services pertaining to appeals by applicants for or recipients of public assistance, medical assistance ("Medicaid") or food stamps and to intentional program violation proceedings.

D.        Rule 4 does not apply to cases before the State Department of Human Services concerning confirmed reports of child abuse and neglect as described in 12 C.C.R. 2509-3.

E.        Unless otherwise ordered by the Administrative law Judge, Rules 4 and 13 do not apply to the following cases:

1.            Campaign and political finance cases pursuant to Colo. Const., art. XXVIII, and the Fair Campaign Practices Act, Section 1-45-101 et seq., C.R.S.

2.            Proceedings pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. Sections 1400 et seq.

3.         Cases pursuant to the Teacher Employment, Compensation, and Dismissal Act, Section 22-63-101 et seq., C.R.S.

F.         When a statute, rule or regulation of any agency on whose behalf a hearing is being conducted by an administrative law judge is in conflict with or inconsistent with these rules, the statute, rule or regulation of the agency shall take precedence.