7.1
Step
I
7.1.1
- Complaint
(a) Any party who believes they have been
displaced from employment in violation of the Colorado Works Program Act, can
file a complaint with the division of labor - labor standards unit in the
Colorado Department of Labor and Employment.
(b) Complaints must be filed in writing, and
contain:
1.) The name, address, telephone
number, and social security number of the complainant.
2.) The name, address and telephone number of
the employer.
3.) A summary of the
complaint including the position last held by the complainant, the hire date of
the complainant, the termination date of the complainant, and any information
available on the person believed to have replaced the complainant.
4.) Any other evidence that supports the
validity of the complaint.
7.1.2
-Investigation
(a) Upon receipt of a complaint the division
will:
1.) Review the complaint to determine if
it has jurisdiction to handle the complaint.
2.) Assign the case to an investigator and
conduct an investigation to gather and review evidence.
3.) At the conclusion of the investigation
the investigator shall issue a preliminary report. Such report will contain
findings and recommendations; a copy of which will be made available to the
complainant and employer.
4.) Both
parties will have fourteen (14) calendar days to provide comments, responses,
or additional information for consideration.
5.) The investigator incorporates responses
and other appropriate information into the report and issues a final
investigative report.
(b) If both parties agree with the findings
and recommendations the parties shall submit evidence documenting the
affirmative actions taken or agreed upon to settle the dispute. The
investigator may assist in documenting such affirmative actions or
agreement.
(c) A complainant may
not waive any rights, or accept a settlement amount of less than that
recommended in the final investigative report except as agreed upon in a
settlement conference before the administrator of the labor standards unit as
provided for in section 7.1.3 (3) and (4) of these rules.
(d) Either party who wishes to protest the
findings and recommendations in the final investigative report may request an
administrator's review.
(e) The
request for an administrator's review shall be filed with the administrator of
the labor standards unit of the division of labor, within fifteen (15) calendar
days from the release date of the final investigative report.
(f) If no protest, as provided for in
subsection (d) of this section 7.1.2 is filed, the determination of the
investigator in the final investigative report shall become final.
7.1.3
- Administrator's
Review
(a) Upon timely receipt of a
request for an administrator's review from either party, the administrator
shall;
1.) Review the investigative report to
determine that;
- the investigative report was prepared in accordance with
unit policy and procedure,
- findings are reasonable and supported by substantial
evidence,
- recommendations are appropriate and reasonable.
2.) If the administrator finds a
material problem with the report, it may be returned to the investigation's
unit for further follow-up work.
3.) If the administrator finds no material
problem with the report, both parties are notified of such decision and the
parties are invited to participate in a settlement conference.
4.) If all parties agree, the administrator
schedules the settlement conference, and notifies all parties of the time and
date of the conference.
5.) If any
interested party refuses to participate in a settlement conference, the
grievance can be appealed to Step II - Director's Hearing within fifteen (15)
calendar days of the administrator's decision.
6.) The administrator shall within thirty
(30) calendar days of the receipt of a request for settlement conference issue
a re-determination decision.
7.)
The parties shall not request an appeal of the administrator's decision if a
settlement conference as provided for in subsection 4 of this section 7.1.2
(a) has been scheduled. The time limit for
requesting an appeal to Step II of the grievance process will start at the
conclusion of such settlement conference.
(b) Any party wishing to appeal an adverse
decision of the administrator may request a hearing before the director of the
division of labor at Step II - Director's Hearing of the grievance process.
Such appeal shall be filed with the director of the division of labor at the
department of labor and employment within fifteen (15) calendar days of the
date of the administrator's re-determination decision.
(c) If no such request is filed, the decision
of the administrator becomes final.
7.2
Step II - Director's
Hearing
(a) Upon receipt of a request
for hearing to appeal the administrator's decision, the director of the
division of labor shall schedule a hearing. Such proceeding shall be conducted
in accordance with the State Administrative Procedures
Act.
(b) The director
shall issue a decision within ten (10) calendar days of the conclusion of a
hearing as provided for in sub-section (a) of this section 7.2. Such decision
which shall be an order upon the parties.
(c) Any party wishing to appeal an adverse
decision of the director may appeal to Step III - Administrative Law Judge, by
filing such appeal with the division of administrative hearings, and the
division of labor within thirty (30) calendar days of the date of the
director's decision (order).
(d)
If no such appeal is filed as outlined in subsection (c) of this section 7.2,
the decision (order) of the director shall become final. Such decision shall
represent a final determination, or final agency action.
(e) The director may obtain a decree of the
district court for the enforcement of such order upon showing that a party is
subject to the jurisdiction of the division, and resides or transacts business
within the county in which the petition for enforcement is brought.
7.3
Step III -
Administrative Law Judge Appeal
(a) An
aggrieved complainant can file an appeal with the division of administrative
hearings. A request for appeal can be filed by mailing or delivering the
request to the offices of the Director of the Division of Labor, and the
offices of the Chief Administrative Law Judge at the Division of Administrative
Hearings. The request must be filed at both offices.
(b) A copy of the appeal must also be mailed
or delivered to all interested parties. The appeal should include reasons
(exceptions) for why the decision of the director was not correct. The request
for an appeal review should contain a mailing date and the parties notified
should file a response to the exceptions within thirty days of that date The
response should be filed with the chief administrative law judge at the
division of administrative hearings
(c) If any interested party intends to have a
part, or specific parts, of *e audio recording of the director's hearing
transcribed, such request, formally referred to as a "designation of record",
should be filed with the division of labor within twenty days of the date of
the director's decision. A copy of the designate shall be mailed or delivered
to all interested parties.
1.) Upon receipt of
a designation of records, or a request for appeal from any interested party, or
the division of administrative hearings, the division of labor will forward the
entire record to the division of administrative hearings along with any request
for portions of the record to be transcribed. The division of administrative
hearings shall cause the requested portions of the audio recording to be
transcribed.
2.)The cost of
transcribing all or part of an audio tape of a proceeding shall be paid by the
requestor. The division of administrative hearings may require the estimated
cost of such transcript be paid in advance.
3.) The entire record shall include, an audio
tape of the Director's Hearing, along with all pleadings, applications,
evidence, exhibits, and other papers> presented or considered, matters
officially noticed, rulings upon exceptions, any findings of fact and
conclusions of law proposed by any party, and any written brief
filed.
(d) The
administrative law judge shall review the record, and issue a decision within
one hundred twenty (120) days of the receipt of the request for appeal.
(e) Any party wishing to appeal an
adverse decision of the administrative law judge may appeal to Step IV-
Judicial Review by filing an appeal within thirty (30) calendar days of the
date of the decision of the administrative law judge in accordance with the
provisions of section
24-4-106 C.R.S., as
amended.
1
1 Processes at this step
are intended to comply with the State Administrative Procedures Act,
specifically,
24-4-105, (14), (15), and (16),
C.R.S., as amended. In the event of a conflict between the information
contained in this section and an official printing of the State Administrativ e
Procedures Act, the official printing will be the controlling
document.
(f) If
no such appeal is filed, the decision of the administrative law judge becomes
final. Such decision shall represent a final determination, or final agency
action.
7.4
Step
IV - Judicial Review - Courts
Judicial Review
(a) Any appeal for judicial review of the
decision of the administrative law judge, shall be brought in the appropriate
district court for the district where the complainant resides by utilizing
appropriate proceedings under section
24-4-106, C. R. S., as
amended.
(b) Such appeal proceeding
shall be initiated by the filing of a petition in the appropriate district
court and the service of a copy thereof upon the agency whose decision is the
subject of the appeal, and upon all parties who appeared before the division of
labor, or the division of administrative hearings. Thereafter such proceeding
shall be processed under the rules of procedure of that court.