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 1107-9.8 - Appeal Decisions and Burdens of Proof
Current through Register Vol. 47, No. 17, September 10, 2024
1. After conducting a fair hearing, the hearing officer shall decide each relevant issue properly raised during the proceedings and necessary to resolve the appeal. The hearing officer shall issue a written decision based solely on the evidence presented during the hearing and include findings of fact, conclusions of law, and an order. In deciding disputed issues of fact, the hearing officer shall not give deference to the Division's factual determinations. In deciding disputed issues of law, the hearing officer shall adhere to Department regulations and give some consideration to the Division's reasonable interpretations of the statute and regulations.
2. The party seeking a FAMLI Claim award or damages, the imposition of a fine, penalty, fee or interest, or any other relief, has the burden of proof to show the relief should be granted by a preponderance of the evidence. Where the Division proves the grounds for imposing fines, penalties, or fees, the amount of such fines, penalties, or fees shall be overturned or modified only if the employer or private plan proves that the Division abused its discretion.
3. The hearing officer's decision shall be made as soon as practicable after a hearing and constitutes a final agency action pursuant to C.R.S. § 24-4-106. The Division shall promptly send a copy of the hearing officer's decision to each party of record.
4. The hearing officer will issue written decisions in compliance with C.R.S. § 8-13.3-516 and will not disclose protected health information, the reason for leave, and wage replacement benefit amounts beyond the information necessarily and appropriately disclosed to the parties during an appeal proceeding.
5. Any party of record in the administrative proceeding may appeal the hearing officer's decision only by commencing an action for judicial review in a district court of competent jurisdiction within thirty-five (35) days after the date the decision was sent to the party. Judicial review is limited to appeal briefs and the record designated on appeal.
6. If the Division or a court reverses or modifies a denial of a FAMLI Claim, the Division or private plan will pay the benefits as soon as practicable but no later than five (5) business days after the order awarding benefits.
