8 Colo. Code Regs. § 1406-1-6.203

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

Section 8 CCR 1406-1-6.203 - RECONSIDERATION OF FINAL AGENCY DECISION

A. A motion for reconsideration of a Final Agency Decision may be granted by the Department Administrative Appeals Unit only for the following reasons:

1. A showing of good cause for failure to file Exceptions to the Initial Decision within the fifteen (15) (plus three days for mailing) day period allowed by rule section 6.202(B)(1)(a); or

2. Upon a showing that the Final Agency Decision is based upon a clear or plain error of fact or law. An error of law means failure by the Department Administrative Appeals Unit to follow a rule, statute, or court decision which controls the outcome of the appeal.

3. No motion for reconsideration shall be granted unless it is filed in writing with the Department Administrative Appeals Unit within fifteen (15) days (plus three days for mailing) of the date that the Final Agency Decision is mailed to the parties. The motion must state specific grounds for reconsideration of the Final Agency Decision.

4. The Department Administrative Appeals Unit shall serve a copy of the motion for reconsideration to each party of record and appropriate division of the Department via first class mail or by electronic mail, if the parties agree to electronic service.

B. For the Colorado Child Care Assistance Program (CCCAP) appeals, when an appeal results in a Final Agency Decision that the county department or Department was not in accordance with administrative rules of the Department, or when the county department or Department so determines after a request for a hearing is made, the CCCAP adjustment or corrective payment is made retroactively to the date of the incorrect action.

8 CCR 1406-1-6.203

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