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 7 - Grievance Procedure

Universal Citation: 7 CO Code Regs 1103-2 ยง 7

Current through Register Vol. 47, No. 17, September 10, 2024

7.1 Step I

7.1.1 - Complaint
(a) Any party who believes they have been displaced from employment in violation of the Colorado Works Program Act, can file a complaint with the division of labor - labor standards unit in the Colorado Department of Labor and Employment.

(b) Complaints must be filed in writing, and contain:
1.) The name, address, telephone number, and social security number of the complainant.

2.) The name, address and telephone number of the employer.

3.) A summary of the complaint including the position last held by the complainant, the hire date of the complainant, the termination date of the complainant, and any information available on the person believed to have replaced the complainant.

4.) Any other evidence that supports the validity of the complaint.

7.1.2 -Investigation
(a) Upon receipt of a complaint the division will:
1.) Review the complaint to determine if it has jurisdiction to handle the complaint.

2.) Assign the case to an investigator and conduct an investigation to gather and review evidence.

3.) At the conclusion of the investigation the investigator shall issue a preliminary report. Such report will contain findings and recommendations; a copy of which will be made available to the complainant and employer.

4.) Both parties will have fourteen (14) calendar days to provide comments, responses, or additional information for consideration.

5.) The investigator incorporates responses and other appropriate information into the report and issues a final investigative report.

(b) If both parties agree with the findings and recommendations the parties shall submit evidence documenting the affirmative actions taken or agreed upon to settle the dispute. The investigator may assist in documenting such affirmative actions or agreement.

(c) A complainant may not waive any rights, or accept a settlement amount of less than that recommended in the final investigative report except as agreed upon in a settlement conference before the administrator of the labor standards unit as provided for in section 7.1.3 (3) and (4) of these rules.

(d) Either party who wishes to protest the findings and recommendations in the final investigative report may request an administrator's review.

(e) The request for an administrator's review shall be filed with the administrator of the labor standards unit of the division of labor, within fifteen (15) calendar days from the release date of the final investigative report.

(f) If no protest, as provided for in subsection (d) of this section 7.1.2 is filed, the determination of the investigator in the final investigative report shall become final.

7.1.3 - Administrator's Review
(a) Upon timely receipt of a request for an administrator's review from either party, the administrator shall;
1.) Review the investigative report to determine that;

- the investigative report was prepared in accordance with unit policy and procedure,

- findings are reasonable and supported by substantial evidence,

- recommendations are appropriate and reasonable.

2.) If the administrator finds a material problem with the report, it may be returned to the investigation's unit for further follow-up work.

3.) If the administrator finds no material problem with the report, both parties are notified of such decision and the parties are invited to participate in a settlement conference.

4.) If all parties agree, the administrator schedules the settlement conference, and notifies all parties of the time and date of the conference.

5.) If any interested party refuses to participate in a settlement conference, the grievance can be appealed to Step II - Director's Hearing within fifteen (15) calendar days of the administrator's decision.

6.) The administrator shall within thirty (30) calendar days of the receipt of a request for settlement conference issue a re-determination decision.

7.) The parties shall not request an appeal of the administrator's decision if a settlement conference as provided for in subsection 4 of this section 7.1.2
(a) has been scheduled. The time limit for requesting an appeal to Step II of the grievance process will start at the conclusion of such settlement conference.

(b) Any party wishing to appeal an adverse decision of the administrator may request a hearing before the director of the division of labor at Step II - Director's Hearing of the grievance process. Such appeal shall be filed with the director of the division of labor at the department of labor and employment within fifteen (15) calendar days of the date of the administrator's re-determination decision.

(c) If no such request is filed, the decision of the administrator becomes final.

7.2 Step II - Director's Hearing

(a) Upon receipt of a request for hearing to appeal the administrator's decision, the director of the division of labor shall schedule a hearing. Such proceeding shall be conducted in accordance with the State Administrative Procedures Act.

(b) The director shall issue a decision within ten (10) calendar days of the conclusion of a hearing as provided for in sub-section (a) of this section 7.2. Such decision which shall be an order upon the parties.

(c) Any party wishing to appeal an adverse decision of the director may appeal to Step III - Administrative Law Judge, by filing such appeal with the division of administrative hearings, and the division of labor within thirty (30) calendar days of the date of the director's decision (order).

(d) If no such appeal is filed as outlined in subsection (c) of this section 7.2, the decision (order) of the director shall become final. Such decision shall represent a final determination, or final agency action.

(e) The director may obtain a decree of the district court for the enforcement of such order upon showing that a party is subject to the jurisdiction of the division, and resides or transacts business within the county in which the petition for enforcement is brought.

7.3 Step III - Administrative Law Judge Appeal

(a) An aggrieved complainant can file an appeal with the division of administrative hearings. A request for appeal can be filed by mailing or delivering the request to the offices of the Director of the Division of Labor, and the offices of the Chief Administrative Law Judge at the Division of Administrative Hearings. The request must be filed at both offices.

(b) A copy of the appeal must also be mailed or delivered to all interested parties. The appeal should include reasons (exceptions) for why the decision of the director was not correct. The request for an appeal review should contain a mailing date and the parties notified should file a response to the exceptions within thirty days of that date The response should be filed with the chief administrative law judge at the division of administrative hearings

(c) If any interested party intends to have a part, or specific parts, of *e audio recording of the director's hearing transcribed, such request, formally referred to as a "designation of record", should be filed with the division of labor within twenty days of the date of the director's decision. A copy of the designate shall be mailed or delivered to all interested parties.
1.) Upon receipt of a designation of records, or a request for appeal from any interested party, or the division of administrative hearings, the division of labor will forward the entire record to the division of administrative hearings along with any request for portions of the record to be transcribed. The division of administrative hearings shall cause the requested portions of the audio recording to be transcribed.

2.)The cost of transcribing all or part of an audio tape of a proceeding shall be paid by the requestor. The division of administrative hearings may require the estimated cost of such transcript be paid in advance.

3.) The entire record shall include, an audio tape of the Director's Hearing, along with all pleadings, applications, evidence, exhibits, and other papers> presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed.

(d) The administrative law judge shall review the record, and issue a decision within one hundred twenty (120) days of the receipt of the request for appeal.

(e) Any party wishing to appeal an adverse decision of the administrative law judge may appeal to Step IV- Judicial Review by filing an appeal within thirty (30) calendar days of the date of the decision of the administrative law judge in accordance with the provisions of section 24-4-106 C.R.S., as amended.1

1 Processes at this step are intended to comply with the State Administrative Procedures Act, specifically, 24-4-105, (14), (15), and (16), C.R.S., as amended. In the event of a conflict between the information contained in this section and an official printing of the State Administrativ e Procedures Act, the official printing will be the controlling document.

(f) If no such appeal is filed, the decision of the administrative law judge becomes final. Such decision shall represent a final determination, or final agency action.

7.4 Step IV - Judicial Review - Courts

Judicial Review
(a) Any appeal for judicial review of the decision of the administrative law judge, shall be brought in the appropriate district court for the district where the complainant resides by utilizing appropriate proceedings under section 24-4-106, C. R. S., as amended.

(b) Such appeal proceeding shall be initiated by the filing of a petition in the appropriate district court and the service of a copy thereof upon the agency whose decision is the subject of the appeal, and upon all parties who appeared before the division of labor, or the division of administrative hearings. Thereafter such proceeding shall be processed under the rules of procedure of that court.

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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