7 CCR 1103-7-5 - [Effective until 4/1/2024] Determination
5.1
Upon conclusion of the investigation of a wage complaint, the Division will
issue a determination.
5.1.1 The Division
shall send the determination to all parties via U.S. postal mail, electronic
means, or personal delivery on the date the determination is issued by the
Division's compliance investigator. The Division shall notify the parties of
their termination and any appeal rights pursuant to C.R.S. §
8-4-111(3) and
C.R.S. §
8-4-111.5(1).
5.1.2 The date of "issuance" of the
Division's determination, as used in C.R.S. §
8-4-111(3), is the
date the Division's determination is "sent," as used in C.R.S. §
8-4-111.5(1). Both
the termination and appeal deadlines are calculated from the date the
Division's determination is originally issued and sent to the
parties.
5.1.3 If any copies of the
decision are sent to the parties after the date the Division's determination is
originally issued and sent to the parties, those copies are provided only as a
courtesy and do not change the thirty-five day appeal and termination
deadlines.
5.1.4 Determinations by
the Division may include the following remedies, depending on which, if any,
the Division's findings support:
(A) monetary
or other relief authorized by the statute(s) under which the wage complaint was
filed, including but not limited to, where applicable --
(1) any unpaid wages, penalties, and/or fines
under C.R.S. Title 8, Articles 1, 4, 6, and 13.3;
(2) if a claim under C.R.S. Title 8, Article
13.3 (HFWA) cost the employee a job or pay, back pay plus either reinstatement
or (if reinstatement is infeasible) front pay for a reasonable period;
and/or
(3) other fines or penalties
authorized by statutes applicable to the complaint;
(B) fines or penalties authorized by the
statutes on Division investigative and enforcement authority in C.R.S. Title 8,
Articles 1, 4, 6, and 13.3; and/or
(C) order(s) to cease non-compliance and/or
effectuate compliance, as authorized by the statute(s) under which the
complaint was filed and statutes on Division investigative and enforcement
authority in C.R.S. Title 8, Articles 1, 4, 6, and 13.3.
Notes
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