7 CCR 1103-4-9 - Appeals and Hearings
9.1 The
determination issued by the investigator may be appealed to the
division.
9.2 A party to the claim
who appeals the determination is entitled to an appeal hearing and final agency
decision in conformity with the Colorado Administrative Procedure Act, C.R.S.
§
24-4-105.
9.3 A division hearing officer will preside
over the hearing.
9.4 The decision
issued by the hearing officer is the initial decision.
9.5 Any party to the claim may appeal the
hearing officer's initial decision by filing written exceptions with the
director of the division within thirty calendar days of the initial decision in
accordance with C.R.S. §
24-4-105(14)(a)(II).
9.5.1 A party may file written exceptions
with the director of the division via email (cdle_LS_appeals@state.co.us), fax
(303-318-8400), or mail/delivery
(633 17th Street, Suite 600, Denver, CO 80202).
9.5.2 If no party files written exceptions
with the director of the division within thirty calendar days of the initial
decision, the initial decision shall become the final agency
decision.
9.6 The record
on appeal to the director is the division's record of its investigation unless
the appealing party files a designation of the record with the division within
twenty calendar days of the initial decision in accordance with C.R.S. §
24-4-105(15)(a).
9.7 The director's decision upon review of
any exceptions is the final agency decision. Any part to the claim may seek
judicial review of this decision in accordance with C.R.S. §
24-4-106.
9.8 Failure to file exceptions in accordance
with rule 9.5 shall result in a waiver of the right to judicial review of the
final agency decision in accordance with C.R.S. §
24-4-105(14)(c).
Notes
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