3 Colo. Code Regs. § 708-1-10.6

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 3 CCR 708-1-10.6 - Appeal of the Director's Determination

(A) Appeal Filing.

(1) An appeal of the Director's determination that probable cause does not exist shall be in writing on the Commission's designated appeal form and shall clearly state the grounds for appeal.

(a) Grounds for appeal are limited to the following:

1. Disregard or misapplication of applicable law; and/or

2. Disregard or misinterpretation of the available evidence.

(b) No new evidence will be considered on appeal unless there is an affirmative showing that such evidence was not reasonably available prior to or during the investigation.

(2) A Charging Party shall file an appeal with the Division within ten (10) days after the date of mailing of the Director's determination. In computing the ten-day period, the date of mailing of the determination shall not be counted. The last day of the ten-day period shall be included, unless it is a weekend or State of Colorado legal holiday, in which event the ten-day period runs until the end of the next business day.

(3) If the determination, appeal form, and related documentation was mailed by the Division to the Charging Party's last known mailing address, and has not been returned by the U.S. Postal Service, it shall be presumed that such mailing was received by the Charging Party.

(4) The Commission, or an authorized designee, may grant an extension for good cause for submittal of an appeal. Only one extension may be granted.

(5) If no appeal of the Director's determination is filed, such determination shall constitute final agency action.

(6) Upon receipt of an appeal form, the Division shall mail a copy to the Respondent's last known address. A copy shall also be mailed to the Respondent's attorney of record. The Respondent may, within ten (10) calendar days after the date the Division mails the appeal to the Respondent, file a written statement in opposition to such appeal. The Commission or its authorized designee may grant the Respondent an extension for good cause if such application for extension is filed within the 10 days allowed for filing a statement in opposition to the appeal. Only one such extension may be granted.

(B) Commission's Action on Appeal.

(1) The Commission shall consider an appeal at a Commission meeting following the timely filing of the appeal with the Division. The Commission's review shall be limited to the issues raised by the Charging Party on the designated appeal form and for which the Respondent had an opportunity to respond.

(2) The Commission may take the following action on appeal: it may reverse the Director's determination of no probable cause; it may remand the charge to the Division for further investigation; or it may uphold the Director's determination of no probable cause. If the Commission remands to the Division for further investigation of a charge, it shall provide specific direction for any required further investigation.

(3) The Commission's decision on appeal shall be mailed to the parties at their last known addresses.

3 CCR 708-1-10.6

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