Colorado § 8-43-209 - Time schedule for hearings - establishment.

§ 8-43-209. Time schedule for hearings - establishment.

(1) Hearings must commence within one hundred twenty days from the date of the notice of setting by the director pursuant to section 8-43-211 (2)(a) or of the date shown on the certificate of service accompanying the request, notice, or application by a party or the party's attorney pursuant to section 8-43-211 (2)(b) or (2)(c). Upon agreement of the parties, an administrative law judge shall grant one extension of time, not exceeding sixty days, to commence the hearing.

(2) One extension of time to commence the hearing of no more than sixty days may be granted by an administrative law judge upon written request by any party to the case and for good cause shown, in the following cases: When pulmonary lung disease, cancer, cardiovascular disease, or stroke is alleged as the cause of the disability; when the subsequent injury fund is a party; when permanent total disability is alleged; upon agreement of the parties; or when compensability of the injury is contested. In all other cases, extensions of time to commence the hearing of no more than twenty days may be granted by an administrative law judge upon written request by any party to the case and for good cause shown.

(3) Once the hearing is commenced, the administrative law judge may, for good cause shown, continue the hearing to a date certain to take additional testimony, to file an additional medical report, to file the transcript of a deposition, or to file a position statement. Except upon the agreement of all parties or for good cause shown, a continuance to complete a hearing shall not exceed thirty calendar days.

Source: L. 90: Entire article R&RE, p. 505, § 1, effective July 1. L. 91: Entire section amended, p. 1318, § 28, effective July 1. L. 94: Entire section amended, p. 1877, § 8, effective June 1. L. 2003: Entire section amended, p. 1957, § 2, effective May 22. L. 2005: (1) amended, p. 855, § 14, effective June 1. L. 2007: Entire section amended, p. 1473, § 4, effective May 30. L. 2014: (1) amended, (SB 14-191), ch. 316, p. 1372, § 3, effective July 1.

Editor's note: This section is similar to former § 8-53-130 as it existed prior to 1990.

ANNOTATION

Claimant's reliance on this section is misplaced because the statute addresses time limits for setting a hearing, not time limits for issuance of an order and delivery of benefits. Bodensieck v. Indus. Claim Appeals Office, 183 P.3d 684 (Colo. App. 2008).

Further, because benefits were denied, any claim of undue delay in delivery of benefits is moot. Bodensieck v. Indus. Claim Appeals Office, 183 P.3d 684 (Colo. App. 2008).