8 Colo. Code Regs. § 1406-1-6.304
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1406-1-6.304 - COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP) APPEALA. The applicant/recipient is entitled to an appeal at the Office of Administrative Courts for the following circumstances: 1. The applicant/recipient's CCCAP application or reapplication has been denied.2. The applicant/recipient's CCCAP application has not been acted upon within fifteen (15) calendar days. 3. The CCCAP benefit has been modified or discontinued, the requested reconsideration of a CCCAP benefit amount deemed incorrect has been refused or delayed through the withholding of authorization, the county department is demanding repayment for any part of an award from a recipient or former recipient which the recipient does not believe is justified, the applicant/recipient disagrees with the type or level of benefits or services provided, or the parent fee calculation.B. The county department has the burden of proof, by a preponderance of the evidence, to establish the basis of the decision being appealed. Every party to the proceeding has the right to present their case or defense through testimony and evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be subsequently prejudiced thereby, the Administrative Law Judge may receive all or part of the evidence in written form or by oral stipulations.C. The hearing is closed to the public; however, any person or persons whom the applicant/recipient wishes to appear on their behalf in accordance with rule section 6.302(G) may be present, and, if requested by the applicant/recipient and in the record, such hearing may be public. D. If an appellant fails to appear at a duly scheduled hearing, having been given proper notice in accordance with 1 CCR 104-1, Rule 4, without having given timely advance notice to the Administrative Law Judge of good cause for inability to appear at the hearing at the time, date and place specified in the notice of hearing, then the appeal shall be considered abandoned and an Order to Show Cause shall be entered by the Administrative Law Judge and served upon the parties by the Office of Administrative Courts. The Order to Show Cause shall not be implemented pending review by the Department Administrative Appeals Unit and entry of a Final Agency Decision.1. The applicant/recipient must be afforded a ten (10) day period from the date the Order to Show Cause was mailed or delivered, during which the applicant/recipient may explain in writing to the Administrative Law Judge the reason for failure to appear. a. If the Administrative Law Judge finds that there was good cause for the applicant/recipient not appearing, the Administrative Law Judge shall reschedule another hearing date.b. If the applicant/recipient submits in writing seeking to show good cause and the Administrative Law Judge finds that the stated facts do not constitute good cause, or if the applicant/recipient does not submit a letter seeking to show good cause within the ten (10) day period, the Administrative Law Judge shall enter an Initial Decision dismissing the appeal. 2. The appellant may file exceptions to the Initial Decision pursuant to rule section 6.202(B)(1)(a).3. After considering the record and any exceptions filed, the Department Administrative Appeals Unit shall issue a Final Agency Decision that confirms or reverses the dismissal, which shall be served upon the parties. a. If the dismissal is confirmed, the county department shall immediately carry out the necessary actions to provide assistance or services in the correct amount, to terminate assistance or services, to recover assistance incorrectly paid, and/or other appropriate actions in accordance with the rules. An applicant/recipient has the right to appeal a Final Agency Decision confirming the dismissal through the judicial review process as outlined in section 24-4-106, C.R.S.b. If the dismissal is reversed, the case shall be remanded back to the Office of Administrative Courts for further proceedings, if necessary. E. The Administrative Law Judge shall not enter a default against an applicant/recipient for failure to file a written answer in response to the notice of violation and voluntary wavier of hearing but shall base the Initial Decision upon the evidence introduced at the hearing, assuming the applicant/recipient appears for the hearing.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