8 Colo. Code Regs. § 1406-1-6.403
Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1406-1-6.403 - APPEALS FROM SUMMARY SUSPENSION, PROBATIONARY LICENSE, OR LICENSE REVOCATIONA. The Department can summarily suspend, modify to probationary, or revoke a child care license for the reasons stated in section 26.5-5-317(2), C.R.S.B. The Department must follow the requirements of section 24-4-104(4), C.R.S., in issuing orders of summary suspension for child care licenses. The Department must personally serve, in accordance with Colorado Rules of Civil Procedure Rule 4, the Order of Summary Suspension on the licensee. 1. Once the Order of Summary Suspension has been served, the Department will initiate a case at the Office of Administrative Courts for approving the Order of Summary Suspension and/or proceeding with an Order of Revocation, as described in rule section 6.403(E), below. C. When the Department makes a decision to revoke or modify a child care license, it must give notice, in writing, of the objective facts or conduct that warrants such action (Data Views and Arguments letter). The Department must send the notice by certified mail or electronic mail to the licensee to the mailing address or email address provided to obtain licensure. 1. The licensee shall have the opportunity to respond to the Data Views and Arguments letter. The licensee's response must be provided in writing, and is due on or before the date listed in the Data Views and Arguments letter, but no earlier than thirty (30) business days from the date provided on the Data Views and Arguments letter. D. After the deadline provided on the Data Views and Arguments letter expires for the licensee to respond, the Department shall consider any responses provided, and make a decision regarding whether to proceed with modification or revocation of the child care license within thirty (30) days of receiving the licensee's response, or expiration of the licensee's deadline to submit a response to the Data Views and Arguments letter. 1. If the Department proceeds with modification or revocation, it shall send the notice of that decision to the licensee via certified mail or electronic mail, and initiate an appeal at the Office of Administrative Courts. 2. If the Department decides not to proceed with modification or revocation, it shall send notice of that decision to the licensee via certified mail or electronic mail.E. The Department will initiate a case with the Office of Administrative Courts by causing a Notice of Duty to Answer and Notice of Charges (Notice of Charges) to be filed. The Notice of Charges must assert the grounds for suspending, modifying, or revoking the license. The Department must serve the Notice of Charges on the licensee in accordance with the Office of Administrative Courts procedures, incorporated by reference in rule section 6.201(A).F. The licensee must respond to the Notice of Charges within thirty (30) days of service or mailing of the Notice of Charges. If the licensee 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. The burden of proof is on the Department to show, by a preponderance of the evidence, why the license should be suspended, modified, or revoked. H. All hearings regarding suspension, modification, or revocation of a license must be conducted in accordance with sections 24-4-104 and 24-4-105, C.R.S., and rule section 6.201(A).I. Each party 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). J. The Department's Administrative Appeals Unit must issue a Final Agency Decision in accordance with rule section 6.202(B).K. The Final Agency Decision may be further appealed by filing a judicial review action pursuant to section 24-4-106, C.R.S. 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