8 Colo. Code Regs. § 1403-1-3.137
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1403-1-3.137 - INTENTIONAL PROGRAM VIOLATION/ADMINISTRATIVE DISQUALIFICATION HEARINGS (IPV/ADH)An IPV/ADH shall be requested whenever facts of the case do not warrant civil or criminal prosecution, where documentary evidence exists to show an individual has committed one or more acts of IPV, and the individual has failed to sign and return the Waiver of IPV form.
A. A county may conduct an IPV/ADH or may use the Colorado Department of Personnel and Administration's Office of Administrative Courts (OAC) to conduct the IPV/ADH. A Department-prescribed form to request the administrative disqualification hearing for IPV must be used for this purpose. The accused individual may request that the OAC conduct the ADH/IPV in lieu of a county level hearing. Such a request must be submitted at least ten (10) calendar-days before the scheduled date of the county hearing.
B. Notice of the date of the administrative disqualification hearing must be on the form prescribed by the Department. The notice form must be mailed at least thirty (30) calendar-days prior to the hearing date to the last known address on record for the individual alleged to have committed an IPV. The notice form must include a statement that the accused individual may waive the right to appear at the administrative disqualification hearing and attach the hearing procedure form and statement of client rights.C. The Administrative Law Judge (ALJ) or county hearing officer shall not enter a default against the individual accused of having committed an IPV for failure to file a written answer to the notice of IPV hearing form, but shall base the initial decision upon the evidence introduced at the hearing.D. At the accused individual's request and upon good cause shown, the administrative hearing shall be rescheduled not more than once. The request for continuance must be received by the county hearing officer or ALJ prior to the administrative disqualification hearing. The hearing shall not be continued for more than a total of thirty (30) calendar-days from the original hearing date. One additional continuance is permitted at the hearing officer or ALJ's discretion.E. An IPV/ADH must not be requested against an accused individual whose case is currently being referred for prosecution on a civil or criminal action in an appropriate state or federal court.46 CR 21, November 10, 2023, effective 10/1/2023, exp. 1/27/2024 (Emergency)46 CR 22, November 25, 2023, effective 12/15/202347 CR 13, July 10, 2024, effective 7/30/2024