3 Colo. Code Regs. § 708-1-20.5

Current through Register Vol. 47, No. 11, June 10, 2024
Rule 3 CCR 708-1-20.5 - Preservation of Records
(A) Retention of Records During Processing of Charge.

Whenever a charge of discrimination is filed with the Division, all parties shall maintain all relevant records in their custody, control, or possession until final disposition. Relevant records include, but are not limited to, the following: personnel or employment records of a Charging Party and of all employees holding similar positions; applications or test papers and assessments of all candidates for the positions sought by the Charging Party; payroll records; handbooks; registration records; offers; leases; contracts; tenant files; rental applications; loan and purchase files; advertisements; data regarding protected classes; disability-related and medical records; policies and procedures; notices; phone records; bank and accounting records; photographs; videos; correspondence; emails; electronic records; and other business or institutional records relevant to the allegations of the charge. Final disposition of the charge or complaint occurs when the statutory time periods for all appeals have expired.

(B) Rebuttable Presumption.

The failure to comply with this regulation shall create a rebuttable presumption that the records contained information adverse to the interests of the non-compliant party.

3 CCR 708-1-20.5

37 CR 22, November 25, 2014, effective 12/15/2014
43 CR 12, June 25, 2020, effective 7/15/2020
45 CR 01, January 10, 2022, effective 1/30/2022
46 CR 04, February 25, 2023, effective 3/30/2023
46 CR 23, December 10, 2023, effective 12/30/2023