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

7 CCR 1103-4-9

37 CR 12, June 25, 2014, effective 7/15/2014 40 CR 15, August 10, 2017, effective 9/1/2017