(1) At least thirty days before any hearing, the office of administrative courts in the department of personnel shall send written notice to all parties by regular or electronic mail or by facsimile. The notice must:
Give the time, date, and place of the hearing;
Inform the parties that they must be prepared to present their evidence concerning theissues to be heard;
Inform the parties that they have the right to be represented by an attorney or otherperson of their choice at the hearing.
Hearings shall be set by the office of administrative courts in the department of personnel within eighty to one hundred twenty days after any of the following occur:
The director sets any issue for hearing. The director may expedite the hearing forgood cause shown.
Any party requests a hearing on issues ripe for adjudication by filing a written request with the office of administrative courts in the department of personnel on forms provided by the office. The request shall be mailed to all parties at the time they are filed with the office of administrative courts. After the filing of the requests, the office of administrative courts in the department of personnel shall set the matter for hearing insofar as is practicable in the order in which requests are received by the office of administrative courts.
Any party or the attorney of such party sends notice to set a hearing on issues ripe foradjudication to opposing parties or their attorneys. The director of the office of administrative courts shall determine the place and time or times during which settings can be made. At such setting, the party requesting the setting shall submit a completed request for hearing form. Any notice to set shall be mailed to opposing parties at least ten days prior to the setting date.
If an attorney requests a hearing or files a notice to set a hearing on an issue that isnot ripe for adjudication at the time the request or filing is made, the attorney may be assessed the reasonable attorney fees and costs of the opposing party in preparing for the hearing or setting. The requesting party must prove its attempt to have an unripe issue stricken by a prehearing administrative law judge to request fees or costs. Requested fees or costs incurred after a prehearing conference may only be awarded if they are directly caused by the listing of the unripe issue.
Except in claims in which compensability is contested or a hearing is requested inresponse to a final admission of liability or to overcome a conclusion in a division-sponsored independent medical examination, the party filing an application for a hearing shall certify on the application that the party attempted to resolve with the other parties all issues listed in the application for a hearing.
Source: L. 90: Entire article R&RE, p. 505, § 1, effective July 1. L. 91: Entire section amended, p. 1319, § 29, effective July 1. L. 95: IP(1), IP(2), and (2)(b) amended, p. 636, § 15, effective July 1. L. 2003: (2)(e) added, p. 1957, § 3, effective May 22. L. 2005: IP(1), IP(2), (2)(b), and (2)(c) amended, p. 855, § 15, effective June 1. L. 2007: (2)(e) amended, p. 1474, § 6, effective May 30. L. 2009: IP(1) amended, (HB 09-1150), ch. 309, p. 1665, § 1, effective August 5. L. 2013: (2)(d) amended, (SB 13-285), ch. 301, p. 1594, § 5, effective July 1. L. 2014: Entire section amended, (SB 14-191), ch. 316, p. 1372, § 4, effective July 1.
Editor's note: This section is similar to former § 8-53-109 as it existed prior to 1990.