Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-17 - PROTECTIONS FOR PUBLIC WORKERS ACT (PROPWA) RULES
5 - Unfair Labor Practice Filings and Proceedings

5.1.1 Unfair labor practice complaints ("complaints" as used in this Rule 5) shall be filed on the designated form provided by the Division, and shall comply with any other Division instructions as to the information and/or documentation required by the Division.

5.1.2 The Division will evaluate complaints to determine if the Division has jurisdiction over the alleged conduct, if sufficient allegations and evidence have been shown from which an unfair labor practice may be reasonably inferred, and if, in the Director's good faith discretion and judgment, the complaint warrants investigation.

5.1.3 If a complaint provides insufficient evidence, the Division will notify the charging party and may request additional information and/or documentation.

5.1.4 A charging party may withdraw a complaint at any time prior to issuance of a determination.

5.2.1 After determining that a complaint offers 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 that an answer be filed by each respondent.

5.2.2 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 21 days of the date the Division sends a copy of the complaint to the respondent. The Division may exercise discretion to shorten the response deadline.

5.2.3 Upon receiving a written request for an extension that states the reason an extension is required, and that otherwise complies with Rule 3.6, the Division may, at its discretion, extend the period for the respondent to file an answer for good cause in accord with these Rules.

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

5.3.1 Upon receipt of a complaint, the answer, and any supplemental information or documentation, the Division shall determine whether additional investigation is required, which may include, but is not limited to:

5.3.2 During the investigation, if information is provided to the Division by a source requesting or otherwise warranting confidentiality, and that information is used as a basis for procuring other evidence but not offered as evidence itself, or as evidence of liability, but not to establish individual relief for the source of the information, or in other circumstances in which confidentiality is necessary and appropriate, then the source shall remain confidential.

5.3.3 The Director may exercise discretion to adjourn hearings; to permit additional time for submissions; to extend ordered deadlines for good cause or by consent; and to issue orders disposing of a complaint without a hearing.

5.3.4 Where a complaint or investigation for violation of these Rules or the statutes they enforce has been filed or commenced, all parties shall preserve all relevant documents until final disposition and until the expiration of the statutory period within which a person aggrieved may bring a civil action.

5.3.5 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.

5.3.6 The Division may exercise its discretion to terminate an investigation at any time.

5.3.7 The burden of proof to establish an unfair labor practice is on the charging party, who must establish by a preponderance of the evidence that an unfair labor practice occurred.

5.3.8 The Division shall make a determination as to whether an unfair labor practice occurred, and issue written findings and orders to all parties. Absent a timely request for a hearing pursuant to Rule 5.3.9, the determination shall constitute final agency action, and the final decision of the Director, subject to judicial review pursuant to C.R.S. §§ 24-4-106 and 29-33-105(4),(5).

5.3.9 A hearing may be requested within 35 days after the Division's determination of a complaint, and conducted in accord with Rule 6.4 of the Labor Peace and Industrial Relations Rules, 7 CCR 1101-1, which is incorporated herein by reference. Absent timely modification, the decision rendered after the hearing shall constitute final agency action and the final decision of the Director subject to judicial review pursuant to C.R.S. §§ 24-4-106 and 29-33-105(4) -(5).

5.4.1 The Division shall consider the unique circumstances of rural counties as defined in C.R.S. § 29-33-103(1)(b) in assigning remedies.

5.4.2 Remedies for unfair labor practices may include any of the following, pursuant to investigative and enforcement authority under applicable statutes the Division enforces or administers.