Code of Colorado Regulations
1200 - Department of Agriculture
1207 - Agriculture Commissioner's Office
8 CCR 1207-2 - RULES PERTAINING TO ADMINISTRATIVE HEARINGS CONDUCTED WITHIN THE COLORADO DEPARTMENT OF AGRICULTURE AND TO PETITIONS FOR DECLARATORY ORDERS
Part 16 - Prehearing procedure and prehearing conference

Universal Citation: 1200 CO Code Regs 16

Current through Register Vol. 47, No. 17, September 10, 2024

A. C.R.C.P. 16 does not apply to proceedings before the Hearing Officer.

B. Whether a formal prehearing conference is held shall be discretionary with Hearing Officer.

C. Unless otherwise ordered by the Hearing Officer, in cases in which no prehearing conference is held, each party shall file with the Hearing Officer and serve on each other party a prehearing statement in substantial compliance with the form as outlined in Appendix A to these rules. Prehearing statements shall be filed and served no later than 20 days prior to the date set for hearing or such other date established by the Hearing Officer. Exhibits shall not be filed with prehearing statements, unless ordered by the Hearing Officer. Exhibits shall be exchanged between the parties by the date on which prehearing statements are to be filed and served or on such other date as ordered by the Hearing Office.

1. The authenticity of exhibits, statutes, ordinances, regulations or standards set forth in the prehearing statement shall be admitted unless objected to in a written objection filed with the Hearing Officer and served on other parties no later than 10 days prior to hearing.

2. The information provided in a prehearing statement shall be binding on each party throughout the course of the hearing unless modified to prevent manifest injustice. New witnesses or exhibits may be added only if the need to do so was not reasonably foreseeable at the time of filing of the prehearing statement and then only if it would not prejudice other parties or necessitate a delay of the hearing.

D. Prehearing conferences may be held at the discretion of the Hearing Officer, upon request by any party or upon the Hearing Officer's own motion. If any party deems a prehearing conference advisable, that party shall call such advisability to the attention of the Hearing Officer.

1. Unless otherwise ordered by the Hearing Officer, no later than 10 days before the date set for prehearing conference, the parties shall:
a. Complete such discovery as is necessary for hearing of the matter.

b. Discuss the prospects of settlement and be prepared to report thereon at the prehearing conference.

c. Prepare a prehearing statement in substantial compliance with the form set forth in Appendix A to these rules, file it with the Hearing Officer and serve it on all other parties.

d. Be prepared to consider any matters that will simplify the issues and aid in the disposition of the controversy.

e. To the extent practicable, premark and exchange copies or photographs of all exhibits intended to be offered into evidence at the hearing on the merits, respondents using letters and all other parties using numbers.

f. Confer concerning what matters of fact and law can be stipulated.

g. To the extent practicable, file and be prepared to argue or respond to motions in limine , motions concerning any outstanding discovery issues and motions concerning any other matters which can be considered in advance of hearing.

2. After a prehearing conference is held, the Hearing Officer may enter an order which fully recites the action taken at the conference, including amendments allowed to pleadings, admissions, stipulations or agreements of the parties and rulings on admissibility of evidence. Such order shall control the subsequent course of the hearing unless modified at the hearing to prevent manifest injustice. The form of the prehearing order may be abbreviated by incorporation by reference of all or portions of the parties' prehearing statements.

E. Compliance with this Part 16 is mandatory, unless otherwise ordered by the Hearing Officer. If a prehearing conference is held and a prehearing order is entered, the prehearing order will control the course of the hearing. In the event of noncompliance with this rule, the Hearing Officer may impose appropriate sanctions.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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