§ 8-4-111.5 — Hearing officer review and appeals of administrative actions

Colorado § 8-4-111.5

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Wages

Text

(1)
Pursuant to policies established by the director by rule, any interested party who is
dissatisfied with the division's decision on a wage complaint filed pursuant to
section 8-4-111 (2) may file a request for a hearing within thirty-five days after the
division's decision is sent. If no request is filed within the thirty-five-day period, the
division's decision is final.

(2) (a) If a request is filed pursuant to subsection (1) of this section, the
director shall designate a hearing officer. The hearing officer shall have the power
and authority to call, preside at, and conduct hearings. In the discharge of the
duties imposed by this article, the hearing officer has the power to administer oaths
and affirmations, take depositions, certify to official acts, permit parties to
participate by telephone, and issue subpoenas to compel the attendance of
witnesses and the production of books, papers, correspondence, memoranda, and
other records deemed necessary as evidence in connection with a disputed claim
pursuant to this article.

(b) (I) In case of a failure to obey a subpoena issued to any person by the
hearing officer, upon application by the division or its duly authorized
representative, any court of this state has jurisdiction to issue to the person an
order requiring him or her to appear before the hearing officer to produce evidence
or give testimony touching the matter under investigation or in question. The court
may issue an order of contempt to a person who fails to obey the order.

(II) It is a petty offense for a person who, without just cause, fails or refuses
to attend and testify or to answer any lawful inquiry or to produce books, papers,
correspondence, memoranda, and other records in obedience to a subpoena of the
hearing officer. Each day the failure or refusal continues is a separate offense.

(c) A person may not be excused from attending and testifying or from
producing books, papers, correspondence, memoranda, and other records before a
hearing officer or in obedience to the subpoena of the hearing officer on the ground
that the testimony or evidence, documentary or otherwise, required of him or her
may tend to incriminate the person or subject the person to a penalty or forfeiture.
But a person shall not be prosecuted or subjected to any penalty or forfeiture for or
on account of any transaction, matter, or thing concerning which he or she is
compelled, after having claimed his or her privilege against self-incrimination, to
testify or produce evidence, documentary or otherwise; except that the individual
testifying is not exempt from prosecution and punishment for perjury in the first
degree committed in so testifying.

(3) (a) The hearing officer, after affording all interested parties a reasonable
opportunity for a fair hearing pursuant to the provisions of this article and the
administrative procedures of the division, shall make a decision on each relevant
issue raised, including findings of fact, conclusions of law, and an order.

(b) Evidence and requirements of proof in a hearing conducted pursuant to
this section must conform, to the extent practicable, with those in civil nonjury
cases in the district courts of this state. However, when necessary to do so in order
to ascertain facts affecting the substantial rights of the parties to the proceeding,
the person conducting the hearing may receive and consider evidence not
admissible under such rules if the evidence possesses probative value commonly
accepted by reasonable and prudent persons in the conduct of their affairs.
Objections to evidentiary offers may be made and must be noted in the record. The
hearing officer shall give effect to the rules of privilege recognized by law. He or
she shall exclude incompetent and unduly repetitious evidence. The hearing officer
may accept documentary evidence in the form of a copy or excerpt if the original is
not readily available; except that, upon request, the party shall be given an
opportunity to compare the copy with the original. The division may utilize its
experience, technical competence, and specialized knowledge in the evaluation of
the evidence presented. The provisions of the State Administrative Procedure Act,
article 4 of title 24, C.R.S., and particularly section 24-4-105, C.R.S., do not apply to
hearings under this article. However, the rule-making provisions of section 24-4-103, C.R.S., shall apply to this article.

(c) When the same or substantially similar evidence is relevant and material
to the matters at issue in claims by more than one individual or in claims by a single
individual with respect to two or more claimed violations, if, in the judgment of the
hearing officer, consolidation of one or more proceedings would not prejudice any
interested party, the hearing officer may:

(I) Conduct hearings at the same time and place;

(II) Conduct joint hearings;

(III) Make a single record of the proceedings; and

(IV) Consider evidence introduced with respect to one proceeding as if
introduced in the others.

(d) The division shall keep a full and complete record of all proceedings in
connection with the wage complaint. All testimony at any hearing upon a wage
complaint must be recorded but need not be transcribed unless the wage complaint
is presented for further review. The division shall promptly provide all interested
parties with copies of the hearing officer's decision.

(4) For the convenience or necessity of the employee or the employer, the
division shall permit parties to participate in hearings by telephone, including in
situations in which the parties would otherwise be required to travel to locations of
the division from outside the general vicinity of such locations.

(5) Any party to the administrative proceeding may appeal the hearing
officer's decision only by commencing an action for judicial review in the district
court of competent jurisdiction within thirty-five days after the date of mailing of
the decision by the division. The hearing officer's decision constitutes a final agency
action pursuant to section 24-4-106, C.R.S. Judicial review is limited to appeal briefs
and the record designated on appeal.

Legislative History

Source: L. 2014: Entire section added, (SB 14-005), ch. 276, p. 1116, � 6, effective May 29. L. 2021: (2)(b)(II) amended, (SB 21-271), ch. 462, p. 3140, � 86, effective March 1, 2022.