CO Code § 8-43-315 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-315. Witnesses and Testimony - Mileage - Fees - Costs

  The director or any agent, deputy, or administrative law judge may issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records and to administer oaths. Any person who serves a subpoena shall receive the same fee as the sheriff. Each witness who is subpoenaed on behalf of the director and who appears in obedience thereto shall receive for attendance the fees and mileage provided for witnesses in civil cases in the district court, which are audited and paid from the state treasury in the same manner as other expenses are audited and paid, upon the presentation of a proper voucher approved by the director. The director has the discretion to assess the cost of attendance and mileage of witnesses subpoenaed by either party to any proceeding against another party to the proceeding when, in the director's judgment, the necessity of subpoenaing the witnesses arises out of the raising of any incompetent, irrelevant, or sham issues by the other party.    The director, an agent, deputy, or administrative law judge of the division, or an administrative law judge from the office of administrative courts, may, upon a showing of good cause, order the attendance at a hearing or deposition of any party, or of an officer, director, employee, or agent of any party, who is located in another state. A witness so ordered shall appear as indicated in the order or shall be available by telephone at the time and place set forth in the order.    If a party or an officer, director, employee, or agent of a party fails, in the absence of a reasonable excuse, to obey an order issued pursuant to subsection (2) of this section, the party, officer, director, employee, or agent is liable for penalties as specified in section 8-43-304 (1).     History. Source: L. 90: Entire article R&RE, p. 512, § 1, effective July 1. L. 91: Entire section amended, p. 1325, § 39, effective July 1. L. 2014: Entire section amended,(SB 14-191), ch. 316, p. 1373, § 6, effective July 1.    Editor's note:   This section is similar to former § 8-53-127 as it existed prior to 1990.   Cross references:   For sheriff's fees, see § 30-1-104 ; for witness and mileage fees, see §§ 13-33-102 and 13-33-103 .   ANNOTATION   Annotator's notes. (1) The following annotations include cases decided under former provisions similar to this section.   (2) Cases included in the annotations to this section which refer to the industrial commission were decided prior to the enactment of 1986 Senate Bill No. 12 which abolished said commission.   A compensation claimant is not a “witness” within the meaning of the provision of this section for assessing the cost of attendance and mileage of a witness against a party to the proceeding when the necessity for subpoenaing the witness arises out of the raising of any incompetent, irrelevant, or sham issues by that party. Maryland Cas. Co. v. Indus. Comm'n, 116 Colo. 58 , 178 P.2d 426 (1947).   Expert witness fees cannot be assessed as part of award. The workmen's compensation act contains no provision empowering the assessment of costs against either party in proceeding. Not having such power, expert witness fees cannot be assessed as part of the award. Arkin v. Indus. Comm'n, 145 Colo. 463 , 358 P.2d 879 (1961).   Witness fees can be assessed only when the witness is subpoenaed to a proceeding. There is no provision for assessment of witness fees when a witness appears voluntarily. Compton v. Indus. Claim Appeals Office, 13 P.3d 844 (Colo. 2000).   An allowance of costs against the state compensation insurance fund is not against the “commission”, which latter term means the industrial commission. State Comp. Ins. Fund v. Howington, 133 Colo. 583 , 298 P.2d 063 (1956).