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 1107-9.7 - Hearings

Universal Citation: 7 CO Code Regs 1107-9 ยง 7

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

1. The hearing officer shall have the power and authority to call, preside at, conduct hearings, and ensure the appeal process is fair to all parties on a case-by-case basis. Hearings will be conducted virtually with internet and telephone access. The hearing officer has the power to administer oaths and affirmations, take depositions, certify to official acts, and to take any other reasonable steps the hearing officer deems necessary to resolve the pending appeal and control the hearing.

2. The hearing officer shall not communicate with a party unless all parties are present or simultaneously receive the hearing officer's verbal or written communication.

3. Hearings shall be conducted informally with as few technical requirements as possible. Only parties of record to the appeal, and authorized representatives, may appear at hearings and present evidence. The hearing officer shall control the evidence taken during a hearing in a manner consistent with the due process rights of all the parties and to provide a fair hearing.

4. A hearing officer may make a finding of fact based on hearsay evidence only if it is reliable, trustworthy, and probative. When deciding whether to accept hearsay as evidence, the hearing officer may consider some or all of the following non-exclusive factors:

A. Whether the statement was written and signed;

B. Whether the statement was sworn to by the declarant;

C. Whether the declarant was a disinterested witness or had a potential bias;

D. Whether the hearsay statement is denied or contradicted by other evidence;

E. Whether the declarant is credible;

F. Whether there is corroboration for the hearsay statement;

G. Whether the case turns on the credibility of the witnesses;

H. Whether the party relying on the hearsay offers an adequate explanation for the failure to call the declarant to testify; and

I. Whether the party against whom the hearsay is used had access to the statements prior to the hearing or the opportunity to subpoena the declarant.

5. The hearing officer must preside impartially over administrative proceedings and hearings. The hearing officer may provide limited procedural guidance to parties so long as the hearing officer does not become an advocate for any of the parties.

6. Parties of record are entitled to at least fourteen (14) days advance notice of a hearing and advance notice of the issues that may be considered at a hearing according to the schedule ordered by the hearing officer. In setting a hearing date, the hearing officer shall ensure that the parties of record have had reasonably sufficient opportunity to exchange exhibits and prepare for hearing. The hearing officer shall not permit a party of record to present evidence on issues at a hearing that have not been disclosed to all other parties of record before the hearing except to prevent obvious injustice. The hearing officer has reasonable discretion to control the administrative proceedings and ensure that the parties of record receive a fair hearing, including postponing hearings and granting additional time to the parties of record where appropriate.

7. All testimony at a hearing must be recorded by the Division but need not be transcribed unless the hearing officer's decision is appealed.

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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