Code of Colorado Regulations
1100 - Department of Labor and Employment
1107 - Division of Family and Medical Leave Insurance
7 CCR 1107-9 - REGULATIONS CONCERNING APPEALS
Section 7 CCR 1107-9.5 - Preliminary Issues for Filed Appeals
Current through Register Vol. 47, No. 17, September 10, 2024
1. Upon receiving an appeal, the Appeals Unit will determine as soon as practicable whether the appeal meets the requirements for a procedurally valid appeal. If the appeal is not procedurally valid, the Appeals Unit will send a notice of the procedural deficiency and provide the appellant seven (7) days to respond to the notice of deficiency. The Appeals Unit can take any action it deems appropriate to address the deficiency, including dismissal of an untimely appeal. For good cause, the Appeals Unit may grant an extension of time not exceeding fourteen (14) days for a response to the notice of deficiency.
2. Once an appeal is determined to be procedurally valid, the Appeals Unit will open a case in the docketing system and send a notice to the appellant and the Division that the appeal has been accepted. The notice of acceptance will also be sent to any person that has received a notice of a determination or claim that is the subject of an appeal. The Appeals Unit will assign a hearing officer who will oversee the manner in which the appeal will be handled, including scheduling and sending a notice of any necessary hearings. A hearing will be scheduled to occur within thirty-five (35) days after an appeal is accepted as procedurally valid unless an extension of time is granted consistent with Rule 9.4.6. The filing of an appeal will not suspend or terminate a FAMLI Claim award unless and until a hearing officer modifies or overturns a determination at issue in an appeal.
3. Upon a request by a party of record or the hearing officer's own initiative, the hearing officer may convene a prehearing conference to discuss the issues on appeal, questions related to party status, the evidence to be presented, requests for language interpretation or other reasonable accommodations, and any other relevant matters that may simplify the proceedings, including resolving issues without a hearing if the material facts are undisputed.
4. Motions to disqualify a hearing officer must be made and addressed at the earliest opportunity consistent with the provisions of C.R.S. § 24-4-105(3), including the requirement of a good faith affidavit explaining the alleged disqualifying reasons. An unreasonable delay in requesting a disqualification can be considered a waiver of any objection to the assignment of a claim to a hearing officer. Previous adverse rulings will not be considered as a valid basis for disqualification.
