7 Colo. Code Regs. § 1107-8.7

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1107-8.7 - Remedies

1. Upon conclusion of an investigation, the Division will issue and deliver to the parties a written determination or a notice of dismissal.

2. Determinations issued by the Division may include the following remedies, depending on which, if any, the Division's findings support:

A. Monetary or other relief authorized by the FAMLI Act or its implementing regulations, including any remedies under C.R.S. § 8-13.3-509(6)(b) -(7);

B. An assessment of an amount owed (fines and interest); and/or

C. Orders to cease non-compliance, effectuate compliance, and/or otherwise redress direct or indirect consequences of violations of the FAMLI Act.

3. For any monetary award imposed under these rules, the Division shall issue a determination and Notice of Assessment and Requirement to Report Payments Made which will include:

A. Total damages owed to the Charging Party with calculations and a narrative explaining the Division's justifications for an award of damages;

B. Total fines owed to the Division and the relevant statutory or regulatory citations;

C. Total interest owed, including a description of the calculation and citations to the relevant statute and/or regulations.

D. Instructions for remittance of payment to the Charging Party and/or Division;

E. Instructions for the reporting to the Division payments made to the Charging Party; and

F. Deadlines to remit payment to the Charging Party and/or Division.

4. The person awarded relief or remedies under this section shall be issued a certified copy of the final Division decision imposing relief or remedies, signed by the Director of the Division, or their designee, certifying that the document is a true and accurate copy of the final decision. The person awarded relief or remedies may file the certified copy with the clerk of a court having jurisdiction over the parties, and such a filing will thereby have the effect of a judgment from which execution may be issued. Where practicable, the Division shall make reasonable efforts to assist in the filing of the certified copy.

5. An aggrieved party is not entitled to appeal a determination of the Division to a court of competent jurisdiction until the aggrieved party has exhausted all administrative remedies, including appeal to a Division hearing officer.

7 CCR 1107-8.7

46 CR 12, June 25, 2023, effective 7/15/2023

46 CR 23, December 10, 2023, effective 1/1/2024

47 CR 23, December 10, 2024, effective 1/1/2025