Code of Colorado Regulations
1100 - Department of Labor and Employment
1107 - Division of Family and Medical Leave Insurance
7 CCR 1107-8 - REGULATIONS CONCERNING INVESTIGATIONS, DETERMINATIONS, AND APPEALS
Section 7 CCR 1107-8.3 - Filing a Complaint
Current through Register Vol. 47, No. 17, September 10, 2024
1. Any person who alleges that their rights under the FAMLI Act or its implementing regulations have been violated may file a complaint with the Division by using the Division-approved form(s). The Complainant shall comply with any other Division instructions as to information or submissions required by the Division.
2. If the Division receives written communication from a person alleging a violation of the FAMLI Act or its implementing regulations, and the contents of the communication suggest that the person would like the Division to initiate an investigation, the Division will send the person a complaint form and invite them to complete and return the complaint form. If the person returns a completed complaint form within thirty-five (35) days after the Division sends it, the complaint will be deemed to have been received on the date of the initial written communication. If the person returns a completed complaint form later than thirty-five (35) days after the Division sends it, the complaint will be deemed to have been received on the date the Division receives the completed complaint form.
3. A complaint shall include the Complainant's signature and contact information, Respondent's contact information, and basis for the complaint. Failure to comply with this Rule may result in dismissal of the complaint without prejudice. Anonymous complaints will be accepted; however, the Division may choose to independently address anonymous complaints at its discretion. An anonymous complaint does not need to contain the complaining person's contact information or signature.
4. The failure of a complainant to respond in a timely manner to informational or investigatory requests by the Division may result in dismissal of the complaint without prejudice. If the Division issues a Notice of Dismissal for failure to comply with this Rule, and the Complainant provides the information within thirty-five (35) days of receipt of the notice, the Division may at its discretion reopen the complaint. A claimant may be required to file a new complaint if the Division receives their response more than thirty-five (35) days after the Division's request for information. Nothing in this subsection shall be construed to extend the deadlines described at C.R.S. § 8-13.3-509(6)(c) -(d).
5. A Complainant under this section may pursue relief for any violation arising under C.R.S. § 8-13.3-509 through either the court system or the Division's established procedures and processes.
6. Aggrieved parties under C.R.S. § 8-13.3-509 are not required to first pursue the Division's administrative remedies prior to initiating a lawsuit in the court system.
7. The Division does not have jurisdiction over any violation arising under this section that has been adjudicated or is currently being adjudicated by the court system or by another government administrative body. If the Complainant files a civil action in a court of competent jurisdiction against an employer or any other individual or entity named as a Respondent to a pending complaint before the Division, the Division will dismiss the complaint pending before the Division.
8. Any party to a complaint may designate an authorized representative to represent the party during the Division's investigative, enforcement, and/or appeals process.
9. In any Division investigation, proceeding, or other action initiated for a reason other than the receipt of a named complaint, 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.
10. Within ninety (90) days of a complaint being filed (or within ninety (90) days of the effective date of these Rules, whichever is later), the Division will assess whether it will exercise its discretion to either investigate or dismiss the complaint. The Division will inform the parties of its decision in writing.
