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

7 CCR 1103-2-8