7 Colo. Code Regs. § 1107-9.5
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1107-9.5 - Discovery, Subpoenas, and Evidence for Hearings1. Within seven (7) days after the parties have been notified that an appeal has been accepted and assigned to a hearing officer for review, the Division or private plan shall file with the Appeals Unit an initial disclosure of information and/or documents supporting the determination at issue unless such evidence cannot be sent to a party consistent with C.R.S. § 8-13.3-516 and 7 CCR 1107-3, Section 3.8.10. Confidential documents and information shall not lose any protections from disclosure solely because an appeal was filed. The hearing officer may take any action the hearing officer deems necessary to ensure confidentiality consistent with C.R.S. § 8-13.3-516 and 7 CCR 1107-3.2. Only the appellant, the Division, persons admitted as parties to an appeal, authorized representatives, and witnesses they call may participate in appeal proceedings. Parties may submit relevant testimonial and documentary evidence to the hearing officer in accordance with deadlines imposed by the Division or the assigned hearing officer.3. Whenever a party files any documents with the Appeals Unit, the party must also send the documents simultaneously to all parties of record. Evidence to be presented at a hearing must be sent to all parties of record at least ten (10) days before the hearing begins or as otherwise directed by a hearing officer. Failure to send documents to all other parties of record may be grounds for the hearing officer to limit issues or the presentation of evidence or both as determined by the hearing officer's sound discretion in the totality of circumstances. Only interested parties to an appeal shall have the right to access documents submitted for that appeal. Parties are responsible to provide relevant documents to their own witnesses.4. No party may seek discovery without approval from the hearing officer and only upon a clear showing that the discovery is appropriate and necessary. To establish a clear showing, the party seeking discovery must (1) present sufficient evidence of a legitimate dispute of a material fact and (2) clearly articulate the need for and appropriateness of the requested discovery to resolve the factual dispute.5. The hearing officer shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents deemed necessary as evidence to resolve the pending appeal.6. If a party or witness fails to obey a subpoena issued by the hearing officer, a party may apply to any district court of this state to order compliance with the subpoena. The court may exercise its power to issue a contempt citation to a person who fails to obey the order.46 CR 23, December 10, 2023, effective 1/1/202447 CR 23, December 10, 2024, effective 1/1/2025