3 Colo. Code Regs. § 708-1-10.10

Current through Register Vol. 47, No. 20, October 25, 2024
Rule 3 CCR 708-1-10.10 - Appeals of (Exceptions to) the Administrative Law Judge's Decision
(A) Filing Exceptions.

Any party who seeks to appeal the initial decision of the Administrative Law Judge shall file exceptions with the commission at the Division's Denver office within thirty (30) days after service of the initial decision upon the parties, in accordance with § 24-4-105, C.R.S.

(B) Designation of Record.

An appealing party shall designate relevant parts of the record on appeal to the Commission within twenty (20) days of service of the initial decision, in the manner required by § 24-4-105, C.R.S. A copy of this designation shall be served on all parties. Within ten (10) days thereafter, any other party or the agency may also file a designation of additional parts of the transcript of the proceedings which is to be included. Failure to designate a transcript is deemed a waiver of a request to prepare a transcript.

(C) Transcript.

Any party who designates a transcript as part of the record is responsible for obtaining and paying a certified court reporter who shall contact the Division's Denver office to obtain a copy of the hearing recording, prepare a transcript, and file it with the Division's Denver office no more than 60 days after the designation of record. If no transcript has been filed within the time limit, the record will be certified and the transcript will not be included in the record or considered on appeal. In the absence of the transcript, the Commission is bound by the findings of fact of the ALJ.

(D) Final Order on Appeal.

The Commission shall issue a final order on any appeal/exception. The Commission may adopt the initial decision of the Administrative Law Judge, reverse the initial decision, or modify the initial decision in part.

(E) Record.

The Commission's final order on the appeal shall be included in the certified record of the proceedings. The entire record shall be filed at the Division's Denver office and shall be available for examination during regular business hours.

3 CCR 708-1-10.10

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