8 Colo. Code Regs. § 1403-1-3.138
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1403-1-3.138 - WAIVER OF ADMINISTRATIVE DISQUALIFICATION HEARINGA. Supporting evidence warranting the scheduling of an administrative disqualification hearing for an alleged IPV must be documented with a county supervisory review. If the county determines there is evidence to substantiate that an individual has committed an IPV, the county shall allow that individual the opportunity to waive the right to an administrative disqualification hearing.B. A Department-approved Notice of Alleged Intentional Program Violation form including the client's rights, the Department-approved Waiver of Intentional Program Violation Hearing form, and the Department approved request for a state level Administrative Disqualification Hearing for Intentional Program Violation form must be mailed to the individual suspected of an IPV. An investigator in the process of completing an investigation must offer the waiver to the individual if the investigator is not intending to pursue criminal or civil action. The individual must have fifteen (15) calendar-days from the date these forms are mailed by the county to return the completed Waiver of IPV hearing form.C. When the accused individual waives their right to an administrative disqualification hearing, a written notice of the disqualification penalty must be mailed to the individual. This notice shall be on the Department-prescribed notice form.D. The completion of the waiver is voluntary. The county must not require an individual to complete it or by its actions appear to require the individual to complete the waiver.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