Rule 9.  Discovery.

A.        To the extent practicable, C.R.C.P. 26 through 37 and 121, Section 1-12 and the duty to confer at Section 1-15(8) apply to proceedings within the scope of these rules, except to the extent that they provide for or relate to required disclosures, or the time when discovery can be initiated.  Discovery may be conducted by any party without authorization of the administrative law judge.

B.            C.R.C.P. 16 does not apply to proceedings before the OAC.

C.        In addition to the requirements of C.R.C.P. 36, a request for admission shall explicitly advise the party from whom an admission is requested that failure to respond to the request within 30 days after service may result in all of the matters stated in the request being deemed established unless the administrative law judge on motion permits withdrawal or amendment of the admission.  The failure to comply with this rule may result in the matters contained in the request being deemed denied.

D.            Discovery requests and responses should not be filed with the OAC, except to the extent necessary for the judge to rule upon motions involving discovery disputes.

E.        Either party may move to modify discovery deadlines and limitations pursuant to Rule 13.