8 Colo. Code Regs. § 1405-1-5.123

Current through Register Vol. 47, No. 18, September 25, 2024

Section 8 CCR 1405-1-5.123 - DUE PROCESS PROCEDURES

This rule is promulgated pursuant to section 26.5-3-403, C.R.S.

A. A due process hearing officer shall be appointed to implement the due process procedures described in this Section of the rules, and shall:

1. Have knowledge about the provision of early intervention services in accordance with Rules 5.100-5.124;

2. Listen to the presentation of relevant viewpoints about a complaint, examine all information relevant to the issues, and seek to reach a timely resolution of the due process complaint; and

3. Provide a record of the proceedings, including a written decision.

B. In the context of Rule 5.120, "impartial," under this section of the rules, means that a person appointed to implement a complaint resolution process:

1. Is not an employee of any agency or other entity involved in the provision of early intervention services or care of the child;

2. Does not have a personal or professional interest that would conflict with their objectivity in implementing the process; and

3. Is not an employee of an agency solely because the person is paid by the agency to implement the due process proceeding.

C. Any parent or guardian of a child referred for services under Rules 5.100-5.124 may submit a written request for a due process proceeding to the Department using the state form or another signed written request, and has the right to:

1. Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services, at the parent or guardian's expense;

2. Present evidence and confront, cross-examine, and compel the attendance of witnesses that are either employed by or under contract with the Certified Early Intervention Service Broker;

3. Prohibit the introduction of any evidence at the proceeding that has not been disclosed to a parent or guardian at least five (5) calendar days before the proceeding;

4. Obtain a written or electronic verbatim transcription of the proceeding; and

5. Receive written findings of fact and decisions at no cost to the parent or guardian.

D. Any proceeding for implementing the due process hearing shall be carried out at a time and place that is reasonably convenient to the parent or guardian.

E. No later than thirty (30) calendar days after receipt of a parent or guardian's written complaint, the proceeding shall be completed and a written decision mailed to each of the parties.

8 CCR 1405-1-5.123

46 CR 06, March 25, 2023, effective 4/14/2023

47 CR 13, July 10, 2024, effective 7/30/2024