1 Colo. Code Regs. § 212-3-9-9045

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-9-9045 - Administrative Hearing Appeal Process: Exceptions to Initial Decision

Basis and Purpose - 9045

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-202(1)(c), 44-50-202(1)(e), 44-50-203(1)(a), 44-50-203(1)(b), 44-50-203(2)(l), 44-50-203(2)(m), and 44-50-203(2)(r), C.R.S. The purpose of this rule is to describe the exceptions process by which a Denied Applicant or Respondent may appeal an Initial Decision issued by a hearing officer pursuant to the Administrative Procedure Act.

A.Exception(s) Process. Any party may appeal an Initial Decision to the State Licensing Authority pursuant to the Colorado Administrative Procedure Act by filing written exception(s) within 30 days after the date of mailing of the Initial Decision to the Denied Applicant or Respondent and the Division. The written exception(s) shall include a statement giving the basis and grounds for the exception(s). Any party who fails to properly file written exception(s) within the time provided in these rules shall be deemed to have waived the right to an appeal. A copy of the exception(s) shall be served on all parties. The address of the State Licensing Authority is: State Licensing Authority, 1707 Cole Boulevard, Suite 350, Lakewood, CO 80401.

B.Designation of Record. Any party that seeks to reverse or modify the Initial Decision of the hearing officer shall file with the State Licensing Authority, within 20 days from the mailing of the Initial Decision, a designation of the relevant parts of the record and of the parts of the hearing transcript which shall be prepared, and advance the costs therefore. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefore. No transcript is required if the review is limited to a pure question of law. A copy of this designation of record shall be served on all parties.

C.Deadline Modifications. The State Licensing Authority may modify deadlines and procedures related to the filing of exceptions to the Initial Decision upon motion by either party for good cause shown.

D.No Oral Argument Allowed. Requests for oral argument will not be considered.

1 CCR 212-3-9-9045

47 CR 17, September 10, 2024, effective 10/1/2024