4 Colo. Code Regs. § 801-1 Chapter 8 Part D
Current through Register Vol. 47, No. 11, June 10, 2024
Part D - Director's Review of Coverage Designation Disputes8-100. Chapter 8, Resolution of Appeals and Disputes, Part D, contains the rules that govern the Director's Coverage Designation Disputes and includes the following: * Section I: Filing Coverage Designation Disputes with the Director.
* Section II: Resolution of Director's Coverage Designation Disputes.
8-101. Chapter 8, Resolution of Appeals and Disputes, Part D, Director's Review of Coverage Designation Disputes, applies to decisions about whether certain employees are appropriately designated as covered and non-covered employees under the Colorado Partnership for Quality Jobs and Services Act. Chapter 8, Resolution of Appeals and Disputes, Part D, does not apply to challenges to the exemption of an employee from the state personnel system. A. Chapter 8, Resolution of Appeals and Disputes, Part D, only applies to disputes regarding the designation of covered and non-covered employees under the Colorado Partnership for Quality Jobs and Services Act, § 24-50-Part 11, C.R.S., and specifically § 24-50-1102(3)(a) -(h). The term "Director's Coverage Designation Dispute" refers to these disputes. A designation of covered or non-covered is based on the individual's position description and job duties.B. Only the department's designated Labor Relations representative or the certified employee organization can request a Director's Coverage Designation Dispute using the Covered/Non-covered Employee Designation Dispute Form found on the Department of Personnel and Administration website.C. Nothing in Chapter 8, Resolution of Appeals and Disputes, Part D, is intended to preclude an employee, department, or certified employee organization from asserting an employee's status as covered or non-covered under the Colorado Partnership for Quality Jobs and Services Act as a defense in an Unfair Labor Practice charge.8-102. Every reasonable effort shall be made by the parties to resolve the issue at the lowest possible level in a timely manner before initiating the Director's Coverage Designation Dispute process.8-103. All Director's Coverage Designation Disputes brought before the Director may be resolved informally or withdrawn. If a dispute is resolved informally between the parties or withdrawn while a Coverage Designation Dispute is pending, the parties shall promptly notify the Director and the dispute shall be considered moot and dismissed with prejudice.8-104. Retaliation against any person for their involvement in any Director's Coverage Designation Dispute process is prohibited.8-105.Confidentiality of Supporting Documents. Supporting documents shall be stored confidentially and only released if a review is filed with the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics or as otherwise required by law.4 CCR 801-1 Chapter 8 Part D
37 CR 22, November 25, 2014, effective 1/1/201537 CR 24, December 25, 2014, effective 1/14/201540 CR 02, January 25, 2017, effective 2/14/201740 CR 23, December 10, 2017, effective 1/1/201840 CR 24, December 25, 2017, effective 1/14/201842 CR 19, October 10, 2019, effective 11/1/201943 CR 05, March 10, 2020, effective 4/1/202043 CR 13, July 10, 2020, effective 8/1/202043 CR 24, December 25, 2020, effective 2/1/202144 CR 05, March 10, 2021, effective 4/1/202144 CR 07, April 10, 2021, effective 5/1/202144 CR 10, May 25, 2021, effective 7/1/202144 CR 12, June 25, 2021, effective 9/1/202145 CR 11, June 10, 2022, effective 7/1/202245 CR 14, July 25, 2022, effective 9/1/202246 CR 08, April 25, 2023, effective 7/1/2023