7 CCR 1103-7-7 - Attorney Fees and Costs
7.1 Where permitted
by law, employees, or other applicable claimants or complainants, may apply for
an award of reasonable attorney fees or costs within the timeframe ordered by
the Division, and pursuant to orders and instructions provided by the
Division.
7.2 After an application
for attorney fees or costs is filed, the Division will send any other parties a
copy of the application, any supporting documents, and any other relevant
orders or requests from the Division. Other parties may respond to the
application, within the timeframe ordered, as to the reasonableness, amount, or
recoverability of any attorney fees or costs claimed. The Division will send
any responses it receives to the applicant, who may optionally reply to any
points, or may be ordered to reply, as directed by the Division. The Division
may extend deadlines for good cause as described in Rule 2.9.
7.3 An award of attorney fees or costs may be
appealed pursuant to orders and instructions on appeal rights provided by the
Division pursuant to Rule 6.
7.4
For unpaid wage claims, this Rule 7 applies to only claims filed on or after
January 1, 2023.
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.
7.1 Where permitted by law, employees, or other applicable claimants or complainants, may apply for an award of reasonable attorney fees or costs, no later than 21 calendar days after the date of the determination or other order giving rise to the entitlement to fees, or within any other different timeframe ordered by the Division, and pursuant to orders and instructions provided by the Division.
7.2 After an application for attorney fees or costs is filed, the Division will send any other parties a copy of the application, any supporting documents, and any other relevant orders or requests from the Division. Other parties may respond to the application, within 14 days after it is sent by the Division, as to the reasonableness, amount, or recoverability of any attorney fees or costs claimed. The Division will send any responses it receives to the applicant, who may optionally reply to any points, within seven days after it is sent by the Division, or may be ordered to reply by the Division. The Division may extend Rule 7 deadlines for good cause as described in Rule 2.9.
7.3 An award of attorney fees or costs is appealable to a hearing officer pursuant to Rule 6, and for judicial review of a hearing officer decision pursuant to C.R.S. § 8-4-111.5 and Rule 6.11 . The hearing officer's decision constitutes a final agency action pursuant to C.R.S. § 24-4-106. The Division shall promptly provide all parties with a copy of the hearing officer's decision via U.S. postal mail, electronic means, or personal delivery. The Division shall notify the parties of their appeal rights pursuant to C.R.S. § 8-4-111.5(5).
7.4 For unpaid wage claims, this Rule 7 applies to only claims filed on or after January 1, 2023.