NOTICE OF HEARING TO CONSIDER AMENDMENTS TO THE
WORKERS’ COMPENSATION RULES OF PROCEDURE, 7CCR 1101-3

Notice is given of a public hearing to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, 7 C.C.R. 1101-3 as described below.  The Director of the Division of Workers’ Compensation has the authority to promulgate rules pursuant to the Workers’ Compensation Act as set forth in section 8-47-107 as well as section 
8-42-101(3) C.R.S.

Date and Time of Hearing:	December 11, 2006
					9:00 a.m. 

Place of Hearing:			2nd Floor Conference Room
					633 17th Street
					Denver, CO

The public hearing will be held in accordance with the provisions of the Colorado Administrative Procedures Act, section 24-4-103, CRS.  Any interested party is invited to appear at the hearing and testify or to submit written data, arguments or position papers to Bob Summers, Director, Division of Workers’ Compensation, 633 17th Street, Suite 400, Denver, CO  80202.  Any written submissions should be submitted to the Director prior to the hearing on December 11, 2006.   

The topics to be considered are:

Rule 5
Clarification regarding final payment notices for Permanent Total claimants.

Rule 7
Requiring pro se settlement proceedings to be scheduled in advance through the Dispute Resolution Office of the Division of Workers’ Compensation. 

Rule 9
Requiring parties to confer or attempt to confer on the disputed issues prior to the prehearing conference.

Rule 11
Updating the Income Eligibility Guidelines for indigent claimants. 

Proposed rules will be available at the Department’s website on or before December 4, 2006.  Copies of the proposed rules, the proposed statement of basis and purpose, and a regulatory analysis will be available on December 4, 2006 at the Division’s Customer Service Office, 633 17th Street, 4th Floor, Denver, Colorado, or on the website.

								October 19, 2006
Bob Summers						 	DATE

PROPOSED STATEMENT OF BASIS AND PURPOSE FOR
AMENDMENTS TO THE WORKERS’ COMPENSATION RULES OF PROCEDURE
7 CCR 1101-3
BASIS:  §8-47-107, C.R.S. provides the Director of the Division of Workers’ Compensation with authority to adopt and amend proper rules and regulations to govern the proceedings and hearings of the Division.   

PURPOSE:  These rule changes will update, revise or clarify current Workers’ Compensation Rules of Procedure. The rules identify, establish or update procedures, filing requirements and/or submission of relevant documents, and update income eligibility requirements for indigent claimants.  

The rules address the following subjects:

•	Claims Adjusting – Final Payment of Compensation requires final payment notices for permanent total claimants to be filed within 60 days after benefits terminate.  
•	Closure of Claims – Approval of Settlement Agreements requires pro se claimant settlement proceedings to be scheduled with the Dispute Resolution Office in the Division of Workers’ Compensation.
•	Dispute Resolution – Prehearing Conferences requires parties to confer, or attempt to confer, on the issues prior to the prehearing conference.
•	Independent Medical Examination reflects update of Income Eligibility Guidelines for indigent claimants.  

Pursuant to §24-4-103(4)(b), C.R.S., the Director finds that: 1) there is a demonstrated need for the rule amendments; 2) the proper statutory authority exists for this regulation; 3) to the extent practicable, the rules are clearly stated so that their meaning will be understood by any party required to comply with the regulation; 4) the rules do not conflict with other provisions of law; and 5) the duplicating or overlapping of the regulation is explained by the agency proposing the rules.

Bob Summers							10/19/2006
Bob Summers							Date
Director
Division of Workers’ Compensation