INTRODUCTION Basis: The general authority for the promulgation of rules and regulations by the Colorado State Board of Medical Examiners is set forth in § 12-36-104(1)(a), C.R.S. Specific authority for rules regarding exceptions to initial decisions rendered by administrative law judges concerning the denial of licensure and discipline of licensees is found at § 12-36-116 and 12-36-118(1), C.R.S. Purpose: The following rules are promulgated by the Board to standardize the procedure for the taking of exceptions to initial decisions and related matters. The rules will preserve the opportunity of the Hearings Panel to review an initial decision where neither the Inquiry Panel nor the Respondent take exception to the decision and the Hearings Panel is unable to meet to consider the decision prior to the expiration of the 30 days set out in the Administrative Procedure Act. The rule will also permit an Inquiry Panel adequate time to review the initial decision and determine if it will take exception to the initial decision prior to the expiration of 30 days. The rule is also designed to set a cutoff date for pleadings so that the Hearings Panel may consider the record at one sitting and can issue the final order in a prompt manner.

RULES AND REGULATIONS 1. The Board hereby determines that every Hearings Panel shall be deemed to have preserved its option to initiate review of an initial decision on its own motion pursuant to § 24-4-105(14)(a)(II), C.R.S., without requiring a vote for each case.

2. The record must be designated within 20 days of issuance of the initial decision (not the date of mailing). For purposes of this rule “transcripts” are not considered part of the “record”. All transcripts must be designated separately and must be ordered within 20 days of issuance of the initial decision. Designation of transcripts must include the name of the particular witness or that specific legal argument or ruling that is sought to be transcribed. When ordering the transcript, the parties shall request the reporter to prepare the transcript within 30 days and shall agree with the reporter to pay that rate required to produce the transcripts within 30 days. In addition, the parties shall request the reporter to prepare an original and one copy of all transcripts and to file both with the Board so that the parties may review the transcripts during the time of the preparation of exceptions. Transcripts that are ordered but are not furnished to the Hearings Panel in a timely manner by the reporter due to non-payment will not be considered by the Hearings Panel. The opposing party must designate additional portions of the record within ten days thereafter and must order any additional transcripts and copies within this time.

3. In the event portions of the transcript are ordered, the deadline for filing exceptions with the Hearings Panel will be 30 days from the date that all transcripts have been received by the Board. This date shall be indicated by written notice from the Hearings Panel. In the event transcripts are not ordered, exceptions to the initial decision and any other initial pleadings must be filed with the Board 30 days from the date of mailing of the initial decision by the Board. All responsive pleadings must be filed ten days thereafter. No other pleadings will be considered except for good cause shown. A copy of all pleadings shall be mailed to the opposing party by these same dates.

4. All requests for oral argument must be filed by the deadline for responsive pleadings. Requests for oral argument filed after that date will not be considered. Requests for oral argument may be granted by the Board's staff. Each side shall be permitted five minutes for oral argument.

5. All pleadings and documents required to be filed by this rule shall be filed by 5:00 p.m. at the offices of the Board. These rules do not provide for an additional time after service by mail. Pleadings filed with the Division of Administrative Hearings instead of the Board will be stricken. Effective: 04/13/95; Revised: 04/01/99