8 Colo. Code Regs. § 1402-1-2.116
Current through Register Vol. 47, No. 11, June 10, 2024
Section 8 CCR 1402-1-2.116 - STRINGENCY APPEALSA. Any applicant or licensee who has applied for or been issued a license to operate a child care facility has a right to appeal, pursuant to section 26.5-5-314(5), C.R.S., any violation of a child care licensing rule cited in a report of inspection, on the basis that the rule has been too stringently applied by a representative of the Department. "Stringency," as used in this rule section 2.116, means the child care licensing representative applied rules too strictly, improperly, or unfairly. Disputes over the factual accuracy of a cited violation are not reviewable under this provision and must be resolved with the licensing representative's supervisor.B. Such appeal must be submitted to the Department in writing within sixty (60) calendar days from the date of the report of inspection at issue. The applicant or licensee or their designated representative must send an appeal on the state-prescribed form to the appropriate division. Each rule citation requires an individual appeal and applicable fee.C. When submitting an appeal, the applicant or licensee must provide all evidence that it believes shows the rule was applied too stringently.D. The Department must consider the impact of an appeal on the health, safety, and wellbeing of the children in care.E. If the Department finds a licensing rule was too stringently applied in the appealed citation, it will issue the applicant or licensee a new report of inspection with that citation removed, which shall for all purposes supersede the original report of inspection.46 CR 22, November 25, 2023, effective 12/15/2023