8 Colo. Code Regs. § 1406-1-6.103

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1406-1-6.103 - DEFINITIONS

A. "Administrative Law Judge" or "ALJ" means the same as described in section 24-30-1003, C.R.S.

B. "Appellant" means the person appealing a county department or Department decisions.

C. "Applicant" means the adult caretaker(s) or teen parent(s) who sign(s) the Colorado Child Care Assistance Program (CCCAP) application form and/or the redetermination form.

D. "County Department" means a county department of human or social services as defined by section 26.5-4-103(3), C.R.S.

E. "Colorado Child Care Assistance Program" (CCCAP) means the public assistance program for child care established in Part 1 of Article 4 of Title 26.5, C.R.S.

F. "County Dispute Resolution Process" means the dispute resolution process required by section 26.5-4-108(1)(a), C.R.S.

G. "Department" means the Colorado Department of Early Childhood (CDEC) created in section 26.5-1-104, C.R.S.

H. "Department Administrative Appeals Unit" references the unit within the Department that acts as the designee for the Executive Director in actions that are administratively appealed, including review of the Administrative Law Judge's Initial Decision, and entering Final Agency Decision affirming, modifying, reversing, or remanding the Initial Decision.

I. "Final Agency Decision" means the same as a final agency action or order in compliance with the State Administrative Procedure Act, section 24-4-106(2), C.R.S., that determines the rights and obligations of the parties and represents the conclusion of the agency's decision-making process.

J. Good Cause includes, emergency conditions or circumstances beyond the control of the party seeking the modification such as, but not limited to, impossibility for a party to meet a specified deadline; incapacity of the party or representative; lack of proper notice of the availability of the appeal process; additional time required to obtain documents which were timely requested but not delivered; or other situations which would prevent a reasonable person from meeting a deadline or complying with the process without modification. Good cause does not include: excessive workload of either the party or his/her representative; a party obtaining legal representation in an untimely manner; failure to receive the Initial Decision when a party has failed to advise the Department Administrative Appeals Unit of a change of address or a correct address; or any other circumstance which was foreseeable or preventable.

K. "Governing body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibility is vested for the administration and operation of a child care facility.

L. "Initial Decision" means the written decision rendered by the Administrative Law Judge pursuant to sections 24-4-105 and 26.5-1-107, C.R.S.

M. "Licensee" means the entity or individual to which a license is issued and that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.

N. "Local Coordinating Organization" (LCO) means the entity selected by the Department pursuant to section 26.5-1-103(4), C.R.S.

O. "Office of Administrative Courts" (OAC) means the courts created in the Colorado Department of Personnel and Administration by section 24-30-1001(1), C.R.S.

P. Preponderance of Evidence means credible evidence that a claim is more likely true than not.

Q. "Recipient" means the same as in section 26.5-4-103(10), C.R.S.

R. "Timely Request" means a request for modification of a hearing or procedural deadline made no later than one (1) business day prior to the hearing date or deadline.

8 CCR 1406-1-6.103

47 CR 02, January 25, 2024, effective 12/30/2023, exp. 4/16/2024 (Emergency)

47 CR 04, February 25, 2024, effective 3/16/2024