3 Colo. Code Regs. § 702-6-3-1-5

Current through Register Vol. 47, No. 8, April 25, 2024

Section 3 CCR 702-6-3-1-5 - Rules

A. Selection of Market Conduct Surveillance Personnel

1. The Division may use independent contract market conduct surveillance personnel to perform market conduct surveillance of entities subject to this regulation using the following criteria:

a. Number and frequency of market conduct surveillance activities;

b. Workload and availability of Division staff;

c. Out-of-state travel requirements and location of the market conduct surveillance site;

d. Experience and background as an independent contractor;

e. Special expertise required for market conduct surveillance; and

f. Market issues requiring unanticipated market conduct surveillance.

2. Preference will be given to Colorado domestic entities, and then to entities with Colorado regional home offices, in determining whether the market conduct surveillance will be conducted by state employee surveillance personnel rather than independent contract market conduct surveillance personnel.

B. Appeal Process for Fees and Expenses of Independent Contract Market Conduct Surveillance Personnel

1. An entity may contest the reasonability of the fees and/or expenses by filing an appeal with the Commissioner, with a copy to the independent market conduct surveillance personnel, within ten (10) calendar days after receipt of the surveillance personnel's billing. Such appeal must set forth the charges that are considered to be unreasonable and the basis for the claim.

2. The entity shall pay any non-contested fees and/or expenses to the independent contract surveillance personnel according to the independent contractor's invoice.

3. The Commissioner shall review the appeal from the entity within fourteen (14) calendar days after receipt of such appeal and shall notify the entity in writing of the findings. Charges under dispute shall not be due until the Commissioner has reviewed the appeal and has rendered written findings, which constitute final agency action.

4. If the Commissioner determines that the charges under dispute are reasonable and in accordance with guidelines maintained by the Commissioner, the entity shall issue payment for such charges to the independent contract market conduct surveillance personnel within fourteen (14) calendar days of being notified of the Commissioner's determination, and shall so notify the Commissioner.

3 CCR 702-6-3-1-5

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 01, January 10, 2016, effective 2/1/2016

40 CR 24, December 25, 2017, effective 1/14/2018

41 CR 08, April 25, 2018, effective 6/1/2018