Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-2 - COLORADO WORKS PROGRAM ACT GRIEVANCE PROCEDURE RULES
Section 3 - Definitions
Universal Citation: 7 CO Code Regs 1103-2 ยง 3
Current through Register Vol. 47, No. 17, September 10, 2024
3.1 - Definitions
THE FOLLOWING DEFINITIONS APPLY TO THESE RULES ONLY:
3.1.1 Administrator: the administrator
of the labor standards unit in the division of labor.
3.1.2 Administrative Law Judge (ALJ): an
administrative law judge appointed pursuant to section
24-30-1003, C.R.S., as
amended.
3.1.3 Adult: the head of a
household, including an emancipated minor or an individual over the age of
18.
3.1.4 Complaint: a completed
complaint form, or other document containing essentially the same information,
received by the division of labor, with regard to a potential violation of the
provisions of the Colorado Works Program Act, or these rules.
3.1.5 Complainant: a person who has filed a
complaint with the division of labor.
3.1.6 Director: the director of the division
of labor.
3.1.7 Displacement of a
regular employee by a participant: includes but is not limited to:
(a) A reduction of hours (regular or
overtime), compensation, or fringe benefits,
(b) A failure to restore a regular employee
to the same or equivalent position after the conclusion of approved leave of
absence, including but not limited to vacation, sick, maternity, family/medical
leave, military reserve training or a Workers' Compensation related temporary
disability,
(c) Replacement while
on a strike, lockout or other organized labor dispute,
(d) Terminations, suspensions, reductions in
workforce, or layoffs for the purpose of displacement,
(e) Other displacements as determined by the
director or administrative law judge at any proceedings conducted under the
provisions of these rules.
3.1.8 Division: the division of labor in the
Colorado Department of Labor and Employment established by section,
24-1-121(3)(a)(l),
C.R.S, as amended.
3.1.9 Employee:
any adult, performing labor or services for the benefit of and subject to the
direction and control of an employer.
3.1.10 Employer: any individual, limited
liability company, partnership, corporation, association, county, and public or
private organization of any character employing any Temporary Assistance for
Needy Families (JANF) welfare to work participant in Colorado.
3.1.11 Executive Director: the executive
director of the department of labor and employment.
3.1.12 Final Determination: the decision of
the director at Step II - Director's Hearing unless appealed to Step III -
Administrative Law Judge. In such cases the final determination is the decision
of the administrative law judge.
3.1.13 Final Investigative Report: the final
investigative report released by a division investigator at step I of the
grievance process. The report shall contain findings, recommendations, and
appropriate material responses from interested parties.
3.1.14 Finding: a summary of a condition, in
a preliminary or final investigative report, which is substantially out of
compliance, or may have a material impact on an employer's positive
participation in programs authorized by the Colorado Works Program
Act.
3.1.15 Full time:
performing work for the benefit of an employer for a minimum of 32 hours per
work
3.1.16 Hearing: a hearing as
described in the Section 7 - Grievance Procedure of these rules.
3.1.17 Investigator: an investigator of the
division of labor.
3.1.18
Investigator's Determination: the initial findings and recommendations made by
the investigator in the final investigative report.
3.1.19 Participant: an adult participating in
a Welfare-to-Work component of the CWPA or Subtitle A, (TANF Block Grant) of
the Personal Responsibility and Work Opportunity Act of 1996, as amended. A
participant becomes a regular employee when he/she attains permanent
employment, and is no longer receiving public assistance under the TANF
programs referenced in section 3.1.26.
3.1.20 Person: any individual, corporation,
government, or governmental subdivision or agency, business trust, estate,
trust, limited liability company, partnership, association, or other legal
entity.
3.1.21 Preliminary Report:
the initial report prepared by a division investigator in step I of the
grievance process, and is intended to inform interested parties of the likely
content of the final investigative report, and to prompt written responses to
the findings and recommendations contained in the report.
3.1.22
Program: refers to
organized strategical plans, with regard to welfare reform, as referenced and
authorized in the Colorado Works Program Act (CWPA), or the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as
amended.
3.1.23
Recommendation: an official suggestion, in a preliminary or final investigative
report, regarding the actions an employer might take to bring an outlined
condition into compliance, or interested parties might take to bring resolution
to an outlined dispute.
3.1.24
Re-determination: the review conducted by the administrator of the labor
standards unit in the division of labor.
3.1.25 Regular Employee: an employee who is
not a participant, and who was working for an employer during the period
relevant to any complaint filed under these rules.
3.1.26 Temporary Assistance for Needy
Families (TANF): Refers to the implementation of federal block grants
assistance under the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA).
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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