8 Colo. Code Regs. § 1406-1-6.305

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

Section 8 CCR 1406-1-6.305 - COUNTY DEPARTMENT RESPONSIBILITIES FOR A CCCAP APPEAL

A. When the applicant/recipient has had a county dispute resolution conference and wishes to appeal the county department's decision to the Office of Administrative Courts for a hearing, the county department must follow the below procedures:

1. Assist in providing materials supporting the applicant/recipient's claim if the applicant/recipient so desires;

2. Provide the applicant/recipient with the opportunity to examine materials as described in rule section 6.202(A);

3. Forward a copy of the written notification given to the applicant/recipient of the proposed adverse action and a copy of the county dispute resolution conference decision to the Office of Administrative Courts.

B. If the applicant/recipient bypasses the county dispute resolution conference and appeals directly to the Office of Administrative Courts, the applicant/recipient or the county department must deliver a written request for a CCCAP appeal no later than ninety (90) calendar days from the date the county department mailed prior notice of the proposed action to the applicant/recipient via postal service, e-mail or other electronic systems, fax, or hand-delivery. After the Office of Administrative Courts receives the appeal request, it will forward a copy of the notice to the applicant/recipient setting a date for the hearing to the county department. Upon receipt by the county department, the county department shall prepare and mail a letter to the applicant/recipient with a copy to the Office of Administrative Courts, no later than five (5) business days prior to the hearing, which provides the following information:

1. The reasons for the county department decision and a specific explanation of each factor involved, such as the amount of excess property or income, assignment or transfer of property, residence factors, and service needs;

2. The specific state administrative rules and/or the official written county department policy(s) on which the decision is based, and numeric reference to each rule, including the appropriate Code of Colorado Regulations (CCR) citations;

3. Notice that the county department will assist the applicant/recipient in providing materials supporting the applicant/recipient's claim, if desired; and

4. Notice that the applicant/recipient has the opportunity to examine regulations and materials described in rule section 6.302(A), to be used at the hearing.

C. Any clear expression in writing by the applicant/recipient, or someone described in rule section 6.302(G) that the applicant/recipient legally authorized to act on their behalf, that they want an opportunity to have a specific action, as defined by rule section 6.304(A), reviewed by the Department is considered an appeal and a request for a hearing. If the request for an appeal and hearing is made orally, the county department shall immediately prepare a written request for the individual's signature or have the recipient prepare such request, specifying the action taken by the county department on which the request is based and the reason for appealing that action.

D. To withdraw an appeal, the applicant/recipient must submit a statement in writing to the Office of Administrative Courts.

E. If the applicant/recipient is represented by legal counsel, a relative, friend, or other spokesperson, the county department must not discuss the merits of the appeal or the question of whether or not to proceed with the appeal outside the presence of, or without the permission of, such legal counsel, relative, friend, or other spokesperson.

F. If the county department learns that the applicant/recipient will be represented by legal counsel, the county department shall make every effort to ensure that it too is represented by an attorney at the hearing.

G. If the applicant/recipient has a language difficulty, the county department shall arrange to have present at the hearing a qualified interpreter who will be sworn to translate correctly.

H. The county department may review the case and consider any new factors which might change the status of the case at any time prior to the hearing, including reversing its decision or otherwise settling the issue. The county department must immediately report any change which eliminates the need for a hearing to the Office of Administrative Courts by telephone or in writing.

I. The county department shall arrange for a hearing room appropriate to accommodate the number of persons, including witnesses, who are expected to be in attendance, taking into consideration such factors as privacy; whether the hearing is being held virtually absence of distracting noise; need for tables, chairs, electrical outlets, adequate lighting and ventilation, and conference telephone facilities.

8 CCR 1406-1-6.305

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