7 CCR 1103-2-8 - Good Cause
8.1 - Request for
good cause consideration - An interested party who files an untimely request at
Steps 1 -2 of the grievance process, or fails to appear at any conference,
hearing, or appeal of those steps, may request the director to consider whether
there was good cause for failing to meet a filing deadline, or appearance
dates.
1) Any party requesting good cause
consideration should file a statement, with the division, containing the
reasons for why the filing deadline, or appearance date was missed. The
requesting party shall notify all interested parties of such request.
2) Any supporting evidence, which
shall include documents outlining the method used to notify the parties, should
be submitted as an attachment to such statement.
3) The requirements in both subsections 1 and
2 of this section 8.1 shall be met before a good cause consideration can be
conducted.
8.2 - Good
cause consideration - steps 1 - 2 The director will review such statement and
supporting evidence and issue a decision on the good cause request. All
interested parties shall be notified of such decision. If the director
determines the requesting party had good cause for failing to meet the filing
deadline, or appear, the grievance process shall continue as if the deadline
had not been missed. If the director determines that good cause is not
demonstrated, the determination, re-determination, or decision just prior to
the request for good cause consideration shall become final.
8.3 - Good cause consideration - step 3 - The
determination of good cause at step three of the grievance process shall be
made by the division of administrative hearings.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.