3 CCR 708-1-10.6 - Appeal of the Director's Determination
(A) Appeal
Filing.
(1) An appeal of the Director's
determination that probable cause does not exist shall be in writing on the
Commission's designated appeal form and shall clearly state the grounds for
appeal.
(a) Grounds for appeal are limited to
the following:
1. Disregard or misapplication
of applicable law; and/or
2.
Disregard or misinterpretation of the available evidence.
(b) No new evidence will be considered on
appeal unless there is an affirmative showing that such evidence was not
reasonably available prior to or during the investigation.
(2) A Charging Party shall file an appeal
with the Division within ten (10) days after the date of mailing of the
Director's determination. In computing the ten-day period, the date of mailing
of the determination shall not be counted. The last day of the ten-day period
shall be included, unless it is a weekend or State of Colorado legal holiday,
in which event the ten-day period runs until the end of the next business
day.
(3) If the determination,
appeal form, and related documentation was mailed by the Division to the
Charging Party's last known mailing address, and has not been returned by the
U.S. Postal Service, it shall be presumed that such mailing was received by the
Charging Party.
(4) The Commission,
or an authorized designee, may grant an extension for good cause for submittal
of an appeal. Only one extension may be granted.
(5) If no appeal of the Director's
determination is filed, such determination shall constitute final agency
action.
(6) Upon receipt of an
appeal form, the Division shall mail a copy to the Respondent's last known
address. A copy shall also be mailed to the Respondent's attorney of record.
The Respondent may, within ten (10) calendar days after the date the Division
mails the appeal to the Respondent, file a written statement in opposition to
such appeal. The Commission or its authorized designee may grant the Respondent
an extension for good cause if such application for extension is filed within
the 10 days allowed for filing a statement in opposition to the appeal. Only
one such extension may be granted.
(B) Commission's Action on Appeal.
(1) The Commission shall consider an appeal
at a Commission meeting following the timely filing of the appeal with the
Division. The Commission's review shall be limited to the issues raised by the
Charging Party on the designated appeal form and for which the Respondent had
an opportunity to respond.
(2) The
Commission may take the following action on appeal: it may reverse the
Director's determination of no probable cause; it may remand the charge to the
Division for further investigation; or it may uphold the Director's
determination of no probable cause. If the Commission remands to the Division
for further investigation of a charge, it shall provide specific direction for
any required further investigation.
(3) The Commission's decision on appeal shall
be mailed to the parties at their last known addresses.
Notes
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