8 Colo. Code Regs. § 1406-1-6.302
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1406-1-6.302 - CONDUCT OF COUNTY DISPUTE RESOLUTION CONFERENCEA. Upon request, the county department or local service delivery agency must provide or allow access to the contents of the case file and all documents and records used by the county department or local service delivery agency in making its decision with the exception of names of confidential informants; privileged communications between the county department and its attorney; and the nature and status of pending criminal prosecutions. The county department must provide these documents or records within thirty (30) days of the request.B. The county dispute resolution conference must be held in the county department and would include the local service delivery agency where the proposed decision is pending, before a person who was not directly involved in the initial determination of the action in question. The county may conduct the county dispute resolution conference virtually if the technology is available to both the county and the applicant/recipient. The individual who initiated the action in dispute shall not conduct the county dispute resolution conference.C. The individual designated to conduct the conference must have knowledge, experience, and training, to determine if the proposed action is valid.D. Two (2) or more county departments may establish a joint dispute resolution process. If two (2) or more counties establish a joint process, the location of the conference need not be held in the county department taking the action, but the conference location must be easily accessible to the applicant/recipient.E. The county dispute resolution level conference may be conducted by telephone, or virtually, if the applicant/recipient agrees to a telephonic or virtual conference.F. The individual who initiated the action in dispute, or another person familiar with the case, shall attend the county dispute resolution conference and present the factual basis for the disputed action.G. The applicant/recipient may represent themselves or may be represented by legal counsel, a relative, friend, or other spokesman. Representation by a nonlawyer in this circumstance does not constitute the practice of law.H. The county dispute resolution conference must be conducted on an informal basis. The county department must make every effort to ensure that the applicant/recipient understands the county department's specific reasons for the disputed action. If the applicant/recipient requests an interpreter, the county department shall provide an interpreter for the county dispute resolution conference.I. The county department shall have all documents and records in the case file described in rule section 6.302(A) available at the conference.J. The applicant/recipient must be allowed to present information or documentation to support their position.K. To the extent possible, the county dispute resolution conference must be scheduled and conducted prior to the effective date of the suspension, termination, or modification of the CCCAP benefit as provided on the written notice. If the county department cannot conduct the county dispute resolution conference prior to suspension, termination, or modification of the CCCAP benefit, benefits must be continued until such conference can be held, unless the individual waives continued benefits.L. The county department may consolidate disputes with any other public assistance program if the facts are similar and consolidation will facilitate resolution of all disputes.M. Failure to appear at the time of the scheduled county dispute resolution conference without making a timely request for postponement constitutes abandonment of the right to a county dispute resolution conference unless the applicant/recipient can show good cause for their failure to appear.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