(a) If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the Office of Appeals and Hearings of the Department of Human Services, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a certified copy of the judicial adjudication with the office.
(b) (1) The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion.
(2) The office shall not readjudicate any precluded issues.
(c) If the judicial adjudication is modified or reversed, the office shall determine whether and to what extent any issue in the administrative adjudication remains precluded and shall schedule a hearing with respect to any matter that is no longer precluded.
Section: Previous 12-18-802 12-18-803 12-18-804 12-18-805 12-18-806 12-18-807 12-18-808 12-18-809 12-18-810 12-18-811 12-18-812 12-18-813 12-18-814 NextLast modified: November 15, 2016