7 Colo. Code Regs. § 1103-18-4

Current through Register Vol. 47, No. 24, December 25, 2024
Rule 7 CCR 1103-18-4 - Investigations
4.1 The Division will investigate complaints that provide sufficient evidence from which a violation of one or more of the POST Acts may be reasonably inferred (subject to Rule 3.6 as to anonymous complaints), as provided for wage complaints in the Wage Protection Rules ("WPR"), 7 CCR 1103-7, Rules 4.1 and 4.2.1.
4.2 WPR 4.1, and 4.3-4.8, regarding investigation procedures and protections, are incorporated by reference, except that as incorporated:
(A) All references to a "wage claim" or "wage complaint" shall include a claim or complaint alleging a violation of a POST Act;
(B) All references to "wage," "wage and hour," or "labor" law, rights, responsibilities, investigations or proceedings shall include labor rights or responsibilities within these Rules;
(C) All references to "HFWA" shall include other labor rights or responsibilities within these Rules; and
(D) in WPR Rule 4.4.3 "C.R.S. § 8-4-113(1)(b)" is replaced with "C.R.S. §§ 8-4-113(1)(b) and 8-1-140(2)."
4.3 After receipt of a qualifying complaint, the Division will initiate the investigation by notifying the employer with a Notice of Complaint, along with any relevant supporting documentation the Complainant submitted, via U.S. mail, electronic means, or personal delivery. The employer must respond within 14 days after a complaint is sent, unless the Division grants an extension.
4.4 The Division may exercise its discretion to have an investigation sequenced and/or divided into two or more stages on discrete questions of liability or relief (e.g., bifurcation), yielding two or more determinations and/or phases of the investigation.

7 CCR 1103-18-4

47 CR 11, June 10, 2024, effective 7/1/2024