8 Colo. Code Regs. § 1406-1-6.402

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

Section 8 CCR 1406-1-6.402 - APPLICATION DENIAL OR DENIAL OF A RENEWAL

A. The Department can deny an application for a child care license or deny an application for renewal of a child care license for the reasons stated in section 26.5-5-317(2), C.R.S.

B. When the Department denies a child care licensing application or decides not to renew an existing license, it must notify the applicant or licensee in writing of the decision. The decision letter must be mailed by certified mail to the applicant or licensee at the address listed on the application or renewal form.

C. An applicant who is denied a license or a licensee whose application for renewal is denied has the right to appeal the agency decision. To appeal the decision, the applicant or licensee must request a hearing in writing by sending a request to the Department within thirty (30) calendar days of receiving the decision letter.

D. The burden of proof is on the applicant or licensee to show why they are entitled to a license or renewed license.

E. After receiving a request for hearing, the Department shall initiate a case in the Office of Administrative Courts (OAC) and cause a Notice of Duty to Answer and Notice of Charges (Notice of Charges) to be filed with the Office of Administrative Courts. The Notice of Charges must assert the grounds for denying the applicant's license application or failing to renew a licensee's license. The Department must serve the Notice of Charges on the applicant/licensee (appellant) consistent with the Office of Administrative Court's procedures, as incorporated by reference in rule section 6.201(A).

F. The appellant must respond to the Notice of Charges within thirty (30) days of service or mailing of the Notice of Charges. If the appellant fails to respond, the Office of Administrative Courts Administrative Law Judge may enter a Default Judgment affirming the Department's decision regarding the application or renewal.

G. All hearings regarding the denial of a license or decision not to renew an existing license must be conducted in accordance with sections 24-4-104 and 24-4-105, C.R.S., and rule section 6.201(A).

H. Each party in the action may file exceptions to the Initial Decision in accordance with section 24-4-105(14)(a)(I), C.R.S., and rule section 6.202(B)(1)(a).

I. The Department's Administrative Appeals Unit must issue a Final Agency Decision in accordance with rule section 6.202(B).

J. The Final Agency Decision may be further appealed by filing a judicial review action pursuant to section 24-4-106, C.R.S.

8 CCR 1406-1-6.402

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