Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-12 - COLORADO STATE LABOR RELATIONS RULES
4 - Unfair Labor Practices

4.1.1 The party filing an unfair labor practice complaint shall be designated the charging party. The party against whom a complaint is filed shall be designated the respondent. Either party may designate an authorized representative to act on its behalf in filing a complaint with the Division. The party may designate an authorized representative by filing the Division-approved form with the Division. The party may revoke the authorized representative's authority by contacting the Division in writing.

4.1.2 An unfair labor practice complaint must be received by the Division no later than six (6) months after the date that the alleged unfair labor practice occurred.

4.1.3 Unfair labor practice complaints shall be filed on the designated form provided by the Division. The charging party shall set forth a clear and concise statement of the facts constituting the unfair labor practice.

4.1.4 The Division will evaluate unfair labor practice complaints to determine if the Division has jurisdiction over the alleged conduct and if sufficient evidence has been shown from which an unfair labor practice may be reasonably inferred.

4.1.5 If the unfair labor practice complaint provides insufficient evidence, the Division will notify the charging party and may request additional information.

4.1.6 Failure to respond in a timely manner to requests from the Division for additional supporting information and/or documentation may result in dismissal of the unfair labor practice complaint.

4.1.7 After determining that a charging party's unfair labor practice complaint contains sufficient allegations and evidence that, if proven true, would state a claim of an unfair labor practice, the Division shall give notice of the allegations and request an answer be filed by the respondent.

4.1.8 The respondent shall file an answer responding to each allegation in the complaint, and attach any documentation or evidence the respondent wishes the Division to consider in reviewing the complaint, within twenty-one (21) calendar days of the date the Division sends a copy of the complaint to the respondent.

4.1.9 In any Division investigation, proceeding, or other action, if information is provided to the Division by a source requesting confidentiality, and that information is used only as a basis for procuring other evidence, not offered as evidence itself, then the source shall remain confidential. Any such confidential source is unlawful to disclose (unless the source consents) in any administrative or judicial proceeding, in response to any records or information request, or in any other manner, in order to effectuate statutory requirements. This rule parallels and adopts the identical Division provisions and practices in existing Wage Protection Rule 4.7.

4.1.10 Upon receiving a request in writing to the Division stating the reason required for an extension, the Division may, in its discretion, extend the period for the respondent to file an answer to the complaint for good cause.

4.1.11 Upon written request, other parties or entities may be designated as intervenors or may be joined as charging parties or respondents, at the Division's discretion.

4.1.12 Upon receipt of the complaint, answer, and any supplemental documents, the Division shall make a determination as to whether an unfair labor practice has been committed and issue findings and orders.

4.1.13 The burden of proof for establishing an unfair labor practice is on the charging party.

4.1.14 The Division may exercise its discretion to have an investigation sequenced and/or divided into two or more stages on discrete questions of liability or relief (e.g., bifurcation), yielding two or more determinations and/or phases of the investigation.

4.1.15 A charging party may withdraw an unfair labor practice complaint at any time prior to issuance of a determination.

4.2.1 An appellant, either the charging party or respondent, may file an appeal within thirty-five (35) calendar days from the date of the Division's determination. A valid appeal is a written statement that is timely filed with the Division, explains the basis for the appeal, and has been signed by the appellant or the appellant's authorized representative.

4.2.2 On appeal, questions of fact are reviewable for clear error, while questions of law are reviewable de novo.

4.2.3 Upon receipt of the appeal, the Division will notify the parties of the date of the hearing and any interim deadlines, and send a copy of the appeal and a copy of the record of its investigation to the parties via U.S. mail or email. All evidence submitted to the Division as part of the investigation is part of the record on appeal and need not be resubmitted.

4.2.4 The hearing officer shall have the power and authority to call, preside at, and conduct hearings on the appeal, including the power to administer oaths and affirmations, order and take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed determination. The hearing officer shall make a decision on each relevant issue raised, including findings of fact, conclusions of law, and an order.

4.2.5 Parties who timely file a valid appeal of the Division's determination will be afforded an administrative appeal hearing before a Division hearing officer. Parties may be required to appear by telephone.

4.2.6 The parties may submit new testimonial evidence, which is defined as any evidence that is elicited through the statements of individual witnesses, to the hearing officer in accordance with deadlines imposed by the Division. New evidence must be sent to all other parties to the appeal. Failure to send all new evidence to all other parties to the appeal may result in the evidence being excluded from the record. The parties may submit new documentary or other non-testimonial evidence in accordance with deadlines imposed by the Division and upon showing "good cause," which may be assessed based on any relevant factors, including but not limited to:

4.2.7 An appeal may, at the discretion of the hearing officer, be sequenced and/or divided into two or more stages on discrete questions of liability or relief (e.g., bifurcation), yielding two or more decisions and/or phases of the appeal.

4.2.8 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. mail or email. A party may seek judicial review of the decision pursuant to C.R.S. § 24-50-1115(1).