8 Colo. Code Regs. § 1406-1-6.306

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

Section 8 CCR 1406-1-6.306 - STATE RESPONSIBILITIES FOR A CCCAP APPEAL

A. The Department is responsible for notifying the Office of Administrative Courts (OAC) of all requests for appeals that the Department receives.

B. Upon receipt by the Office of Administrative Courts of an appeal request, the Office of Administrative Courts will assign the appeal a case number and cause the appeal to be set for hearing through a setting conference.

C. At the setting conference, the Office of Administrative Courts will set a hearing date at least thirty (30) days in advance. The Office of Administrative Courts will send a hearing notice by first class mail or electronic mail, depending on the preferences of the applicant/recipient, to the applicant/recipient and the county department notifying them of the date, time, and place of the hearing.

D. The Office Administrative Courts must inform the applicant/recipient appealing the county decision (appellant) that if the date, time, and/or place of the hearing is not satisfactory, they must notify the Office of Administrative Courts and, if good cause exists, the Office of Administrative Courts will consider changing the date, time, and/or place of the hearing.

E. The Office of Administrative Courts will provide an information sheet to the appellant with the hearing notice to explain the hearing procedures to the appellant. The information sheet must inform the appellant that:

1. They have the right to seek legal representation.

2. Before and during the hearing, the appellant or the appellant's representative has the right to examine all materials to be used at the hearing. Information which the appellant or the appellant's representative does not have an opportunity to see before or after the hearing shall not be made a part of the hearing record or used in a decision on an appeal. No material made available for review by the Administrative Law Judge may be withheld from review by the appellant or the appellant's representative.

3. Failure to appear at the hearing as scheduled, without having secured a proper extension in advance, or without having shown good cause for failure to appear, shall constitute abandonment of the appeal and cause the appeal to be dismissed. See rule section 6.304(D), above.

F. Initial Decisions:

1. The Office of Administrative Courts Administrative Law Judge must issue a written Initial Decision of law in every appeal.

2. The Office of Administrative Courts must include copies of all exhibits, pleadings, applications, evidence, exhibits, and other papers used to inform the Initial Decision, with the Initial Decision for the Final Agency Decision.

3. The Administrative Law Judge has twenty (20) days from the date the hearing record closed to issue an Initial Decision.

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

8 CCR 1406-1-6.306

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