8 Colo. Code Regs. § 1406-1-6.202

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

Section 8 CCR 1406-1-6.202 - DECISION AND NOTIFICATION

A. INITIAL DECISION

1. Following the conclusion of the hearing, the Administrative Law Judge (ALJ) shall prepare and issue an Initial Decision within sixty (60) days, or as soon as possible. Once the ALJ issues the Initial Decision, the Office of Administrative Courts shall immediately deliver the Initial Decision to the Department Administrative Appeals Unit for determination of the Final Agency Decision.

2. The Initial Decision is an initial determination on whether the county department, Department, or its agents acted in accordance with, and/or properly applied, the applicable statutes and administrative rules of the Department. The ALJ has no jurisdiction or authority to determine issues of constitutionality or legality of the Department's administrative rules.

3. The Initial Decision must advise the parties that failure to file exceptions to provisions of the Initial Decision will waive the right to seek judicial review of a Final Agency Decision which affirms those provisions.

4. The Department Administrative Appeals Unit shall serve the Initial Decision upon each party by first class mail or by electronic mail, if the parties agree to electronic service within ten (10) calendar days of receiving the Initial Decision. This is the Notice of Initial Decision. The Department Administrative Appeals Unit shall transmit a copy of the Initial Decision to the division within the Department that administers the program(s) pertinent to the appeal.

5. The Initial Decision shall not be implemented pending review by the Department Administrative Appeals Unit and entry of a Final Agency Decision.

B. REVIEW BY THE DEPARTMENT ADMINISTRATIVE APPEALS UNIT

The Department Administrative Appeals Unit is the designee of the Executive Director, and shall review the Initial Decision of the Administrative Law Judge (ALJ) and enter a Final Agency Decision affirming, modifying, reversing, or remanding the Initial Decision.

1. Procedure

a. Any party seeking a Final Agency Decision which reverses, modifies, or remands the Initial Decision of the ALJ must file Exceptions to the Initial Decision with the Department Administrative Appeals Unit, within fifteen (15) days (plus three days for mailing) from the date the Initial Decision was mailed to the parties. Exceptions must state specific grounds for reversal, modification, or remand of the Initial Decision. The Department Administrative Appeals Unit cannot consider any arguments other than the issues raised in the appeal before the ALJ. The Department Administrative Appeals Unit cannot consider new evidence, which with reasonable diligence could have been produced at the time of the hearing or review.

b. If the Exceptions do not challenge the findings of fact, but instead assert only that the ALJ improperly interpreted or applied state administrative rules or statutes, the party filing Exceptions is not required to provide a transcript or recording to the Department Administrative Appeals Unit.

c. The Department Administrative Appeals Unit cannot consider any challenge to the facts unless a transcript and/or audio recording in lieu of a hearing transcript is provided.

d. The Department Administrative Appeals Unit shall serve a copy of the Exceptions on each party by first class mail or by electronic mail, if the parties agree to electronic service. Each party has ten (10) calendar days (plus three days for mailing) from the date Exceptions were mailed to the parties to file a written response to the Exceptions. The Department Administrative Appeals Unit shall not permit oral argument.

e. While review of the Initial Decision is pending before the Department Administrative Appeals Unit, the record on review, including any transcript or recording of testimony filed with the Department Administrative Appeals Unit, shall be available for examination by any party at the Department Administrative Appeals Unit during regular business hours.

f. For appeals of decisions related to CCCAP, the division(s) within the Department responsible for administering CCCAP may file Exceptions to the Initial Decision, or respond to Exceptions filed by a party, even though the division has not previously appeared as a party to the appeal. The division's exceptions or responses must be filed in compliance with the requirements of this rule section 6.202(B). Exceptions filed by the division that did not appear as a party at the hearing, shall be treated as requesting review of the Initial Decision upon the Department's own motion.

g. In the absence of Exceptions filed by any party or by a division within the Department, the Department Administrative Appeals Unit shall review the Initial Decision, the Office of Administrative Court's hearing file, and if applicable, the recorded testimony of witnesses, before entering a Final Agency Decision.

h. Review by the Department Administrative Appeals Unit will determine whether the Initial Decision properly interpreted and applied administrative rules of the Department, or relevant statutes, and whether the findings of fact and conclusions of law support the decision.

i. The Department's Administrative Appeals Unit must issue a Final Agency Decision in every appeal. All Final Agency Decisions shall be made within sixty (60) days from the date that the Department's Administrative Appeals Unit receives the Initial Decision from the Office of Administrative Courts.

j. The Department Administrative Appeals Unit shall serve copies of the Final Agency Decision to all parties by first class mail or by electronic mail, if the parties agree to electronic service.

k. The effective date of the Final Agency Decision shall be the third (3^rd) day after the date the Final Agency Decision is mailed to the parties, even if the third (3^rd) day falls on Saturday, Sunday, or a legal holiday. The Department Administrative Appeals Unit must advise the parties of the effective date of the Final Agency Decision.

l. The Department or county department shall initiate action to comply with the Final Agency Decision within three (3) business days after the effective date of the Final Agency Decision. The Department shall comply with the Final Agency Decision even if reconsideration is requested, unless the effective date of the Final Agency Decision is postponed by order of the Department Administrative Appeals Unit or a reviewing court.

m. The Final Agency Decision must notify the parties of their right to seek judicial review pursuant to section 24-4-106, C.R.S.

2. Transcripts

a. The party filing Exceptions challenging the ALJ's findings of fact is responsible for obtaining a transcript unless they file for permission to file an audio recording (see rule subsection 3, below).

b. To obtain a transcript, a party must:

1) request the audio recording of the hearing from the Office of Administrative Courts;

2) pay for a transcriptionist of their choosing to transcribe the audio recording into a transcript; and

3) file the transcript by the due date for filing Exceptions.

c. Transcripts must be filed with a party's Exceptions. A party may request additional time for filing Exceptions in order to obtain the transcript. Any transcript received by the Department Administrative Appeals Unit after the due date for filing Exceptions stated in the Notice of Initial Decision or the deadline imposed by the Department Administrative Appeals Unit if a request for extension of time was granted, will not be considered.

3. Audio Recording

a. If a party cannot afford a transcript, the party may request permission to file an audio recording. The request must be filed in writing with the Department Administrative Appeals Unit prior to the due date for filing Exceptions, and include:

1) An explanation as to why they cannot afford a transcript; and

2) Why it is essential for the Department Administrative Appeals Unit to listen to testimony of a specific witness or witnesses.

b. A County Department's request to submit an audio recording instead of a transcript must state that funds are not available in the county department's operating budget to pay for preparation of a transcript and the request must be certified by the county department director.

c. Any submission of an audio recording without first obtaining permission from the Department Administrative Appeals Unit will not be considered.

d. The requesting party is solely responsible for requesting the copy of the audio recording from the Office of Administrative Courts and for filing the audio recording with the Department Administrative Appeals Unit by the due date provided in the Notice of Initial Decision unless an extension of time has been granted by the Department Administrative Appeals Unit.

8 CCR 1406-1-6.202

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