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Rules & FAQs for General Services Hearings

Colorado Code of Regulations

FAQ - General Services Cases

This information is provided as a courtesy; it does not represent legal advice. If you are unsure about how to apply this information, please contact an attorney.

General Questions

How do I know if my case is a General Service case?

Any case handled by the OAC that is not related to Workers' Compensation benefits or public benefits is considered a General Services case.

If your case involves Medicaid or other public benefits, see our Public Benefits FAQ page for more information.

How do I submit documents for my hearings?

We prefer that you file documents by e-filing or email, if possible. Our email address is OAC-GS@state.co.us. You can also file documents in person or mail them to our office, located at 1525 Sherman Street, 4th Floor, Denver, CO 80203. Be sure to send copies of your documents to the opposing party at the same time you send them at the OAC.

Scheduling a Hearing

How do I get a hearing?

The process of requesting and scheduling a hearing depends on the type of case you have:

Professional Licensing Cases: When an agency files a disciplinary case against your license, it will send you a Notice of Charges and a Notice to Set with a date when the parties will meet to schedule the hearing. If you are appealing the denial of an application for a license, the agency will send you information about how to request a hearing.

Special Education Cases:  You must file your Due Process Complaint with the Colorado Department of Education (CDE), and the CDE will send your Complaint to the OAC. The OAC will schedule a prehearing conference to occur approximately 35 days after your Complaint was filed. The judge and the parties will set a date for the hearing and other deadlines during the prehearing conference.

Abuse and neglect ("Trails") Cases: Appeals in "Trails" cases must first be submitted to the Colorado Department of Human Services (DHS). If you cannot resolve the dispute with DHS, they will forward your appeal to the Office of Administrative Courts (OAC) for a hearing before and Administrative Law Judge (ALJ). Once the OAC receives your appeal, we will send you a Notice of Scheduling Conference. You must call the OAC at the date and time listed in the notice to schedule your hearing. If you do not call in for the scheduling conference, your appeal will be dismissed.

Other Case Types: In general, if a State agency is seeking a penalty or sanction against you or your business, the agency will file documents to start the hearing process. In these cases, you will receive a copy of the agency's filings, and a notice stating either that a hearing has been scheduled for a specific date and time, or notice of a scheduling conference.

Where will my hearing be held?

Most hearings are conducted by video or telephone. If you would prefer an in-person hearing, you may file a request by e-filing, email, telephone, fax, or U.S. Mail. Once the hearing has been scheduled, you will need to file a Motion if you wish to change from an in-person hearing to a video hearing, or vice versa.

The OAC uses Google Meet for video hearings. To help you prepare for the hearing, please review our Guide to using Google Meet and the OAC Code of Conduct for Virtual Hearings. You should make sure your camera and microphone are set up and working properly before the hearing.

What if I can't be there on the day set for the hearing?

If you can't attend the hearing on the scheduled date and time, you should contact the other party as soon as possible, and ask if they agree to change the hearing date. 

  • If they agree: File an unopposed motion with the OAC to change the hearing date.
  • If they don't agree: File a motion asking to reschedule the hearing. You need a good reason to change a hearing date, so be sure to explain why you need more time.

The earlier you make your request, the better your chance of having it approved.

What happens if I don't go to the hearing?

Missing your hearing can have serious consequences. In some cases, such as Trails appeals, the judge is required to dismiss your appeal automatically if you do not appeal at the hearing. In other types of cases, the judge will typically issue an order requiring you to explain why you missed the hearing (called "showing good cause"). If you cannot provide a valid reason, the judge may dismiss your case or impose the sanctions or penalties requested by the State agency or County Department.

Can I settle my case without a hearing?

Cases are frequently settles without a hearing. The parties involved can discuss the issues and reach a settlement agreement at any time. Here are some steps you can take to explore settlement options:

  • Contact the opposing party: Contact the other party or parties to see if you can work something out.
  • Request a mediation: The OAC offers Mediation services to help parties resolve their dispute without going to a full hearing. Mediations at the OAC are conducted by a different ALJ than the one assigned to hear the case. Please see our Mediations page for more information on requesting and scheduling a mediation.

Please note: Settlement discussions or mediations do not pause your case. All deadlines and scheduled events remain in effect unless a judge changes them.

Getting Ready for a Hearing

Do I need a lawyer?

It is It is up to you to decide whether to have an attorney to represent you. You have the right to represent yourself at your hearing, but you will be expected to know the law and follow the rules like an attorney would. The judge is neutral and cannot give you advice or help you with your case. 

You should consider talking to an attorney before deciding whether to represent yourself. Speaking with an attorney can help you decide whether you need one. The OAC has compiled a list of free or low cost legal services that may be able to help you if you cannot afford a lawyer.

If you choose to represent yourself, you must be familiar with the statutes and regulations that apply to your type of case, the OAC Rules of Procedure, and the Colorado Rules of Evidence.

What kind of evidence do I need for the hearing?

Although every case is different, the most common types of evidence you may need for your hearing include: 

  1. Your testimony: You will usually be expected to testify at your hearing. This is your chance to tell the judge important facts about your case.
  2. Witnesses: Other people, including experts, can testify to what they know about your case.
  3. Documents: You may present documents related to your case, such as letters, contracts, business records, or medical records.
  4. Other evidence: You may bring photographs or other items that support your case.

Make sure you give copies of your documents, photographs, or other evidence to the other side before the hearing. Otherwise, the judge may not allow you to present them at the hearing.

How do I get records?

First, try asking the other party for copies of any documents they have that relate to your case. If you can't get the information you need by talking to the other side, you may request documents or other items through formal discovery. You can also subpoena relevant records from individuals, businesses, and government agencies. You should contact the OAC well before your hearing if you need a subpoena.

What is "discovery"?

"Discovery" is the process of finding out information about the other side's case before the hearing. Discovery helps both sides prepare for the hearing and can sometimes even lead to a settlement once both sides have a better understanding of the case.

Discovery can include:

  • Requests for production of documents (like medical records, business records, or email),
  • Written questions (called "interrogatories") that the other side must answer in writing under oath,
  • Requests for the other party to admit or deny certain facts about the case, and
  • Depositions, where people are asked questions under oath outside of court.
How do I get a witness to come to the hearing?

You can ask a witness to come to the hearing voluntarily. However, a witness is not required to attend a hearing unless they have been served with a valid subpoena. If you are not an attorney, a judge at the OAC must approve and sign your subpoena(s).

If you need a subpoena, you should contact OAC well before your hearing date.

Important requirements:

  • You are responsible for having the subpoena served on the witness; the OAC does not serve subpoenas.
  • The subpoena must be served at least 48 hours before the hearing (excluding weekends and holidays)
  • You must pay any required fees, including milage or expert fees (for doctors or other experts).
If I forget something, can I send it to the judge?

Generally, no. Only in rare cases will the judge accept evidence after the hearing.

The Hearing

What will happen at the hearing?

When your hearing begins, the judge will clarify the issues for the hearing and decide the order of presentation.

The judge will ask the parties if they wish to make an opening statement is not evidence, but is simply a brief summary of the evidence the party intends to present during the hearing. Opening statements are not required but they can help the judge understand the issues and each party's position about the case.

Each side will then introduce evidence to prove its case. Evidence can include testimony from witnesses under oath, documents, business records, photographs, or other items.

Either party may object to documents that are not allowed under the Colorado Rules of Evidence. If there is an objection, the judge will decide whether to allow them into evidence. You may need to "lay a foundation" for specific exhibits before they can be admitted.

Each side is allowed to call witnesses, who will take an oath to tell the truth. You may call witnesses and you may testify yourself. 

  • The judge may ask a few questions, but you will mostly need to tell your side of the story without the judge's help. Then the other side or their lawyer will ask you questions, which is called cross-examination.
  • If you call witnesses, you may ask them questions about the facts of your case. Then the lawyer for the other side may have cross-examination. You can then ask more questions about matters brought up during cross-examination.
  • You will also be allowed to cross-examine the other side's witnesses.

After the witnesses have finished testifying, the judge will allow each side to make a closing argument. A closing argument is a summary of what the evidence showed, and why the law supports your case. It is not a chance to testify about things you did not already present during the hearing. Sometimes the judge will allow the parties to make their closing argument in writing after the hearing.

Which side goes first during the hearing?

Generally, the party with the burden of proof will present their case first. However, the judge may decide to change this order if a different sequence would be more appropriate or efficient.

Who has the burden of proof?

Which party has the burden of proof depends on the type of case and the issues involved. In many cases, the State agency or County Department will have the burden of proof. Examples include:

  • Abuse and neglect ("Trails") cases,
  • SNAP Intentional Program Violation ("IPV") cases,
  • Professional licensing cases where the agency wants to revoke your license or take other disciplinary action against you,
  • Other types of cases where the agency is seeking a penalty or sanction against an individual or business.

If you are applying for a license that was denied, you have the burden to prove that you meet the qualification for that license.

In Special Education cases, the parents generally have the burden of proof.

Sometimes, each party may have a burden of proof on one or more issues. If you are unsure, you can always ask the judge to tell you which party has the burden of proof before the hearing.

What if I need an interpreter?

For all General Services cases, the OAC can provide an interpreter. Please see our Language Access Services page for details about interpreter services for your hearing. 

You can also contact the OAC clerks at 303-866-5626 or by email at OAC-GS@state.co.us for more information about requesting an interpreter for your hearing.

Will the hearing be accessible to people with disabilities?

Yes, all hearing locations are accessible to people with disabilities. If you or someone attending the hearing needs accommodations (like sign language interpreters, large print materials, or wheelchair access), please contact us as soon as possible so we have time to arrange what you need.

When will I get a decision after my hearing?

In most cases, the judge won't tell you the decision the day of the hearing. The judge needs time to review all the evidence and issue a written decision. The timeframe for issuing the decision depends on the type of case and State agency involved but here are some general guidelines:

  • Special Education Cases: The judge and the parties will se a decision deadline before the end of the hearing. In many cases, this will be approximately 3-4 weeks after the hearing.
  • Teacher Dismissal Cases: The decision will be issued within 20 days after the hearing.
  • Civil Rights Violations: The decision will be issued within 30 days after the hearing.
  • Other General Services Cases: In all other General Services cases, the decision will be issued within 60 days after the hearing.
Can I appeal the judge's decision?

You generally have the right to appeal the judge's decision if you disagree with it. However, appeal procedures vary significantly depending on the type of cases. You are responsible for determining the specific appeal procedures, requirements, and deadlines that apply to your particular case.