(1)The following procedures
and limitations shall apply to all appeals taken pursuant to this article:
(a)Any party may petition for review of a deputy's decision by filing a
petition therefor with the division within twenty calendar days after the date of
notification of such decision. Notification of the decision shall be by personal
delivery of the decision to an interested party or by mailing a copy of the decision to
the last-known address shown in the division records of an interested party and to
the interested party's attorney or representative of record, if any, or by electronic
means. The date of notification shall be the date of personal delivery, the date of
transmission as recorded by the division, if notification is made by electronic means,
or the date of mailing
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(1) The following procedures
and limitations shall apply to all appeals taken pursuant to this article:
(a) Any party may petition for review of a deputy's decision by filing a
petition therefor with the division within twenty calendar days after the date of
notification of such decision. Notification of the decision shall be by personal
delivery of the decision to an interested party or by mailing a copy of the decision to
the last-known address shown in the division records of an interested party and to
the interested party's attorney or representative of record, if any, or by electronic
means. The date of notification shall be the date of personal delivery, the date of
transmission as recorded by the division, if notification is made by electronic means,
or the date of mailing of a decision.
(b) Unless, within twenty calendar days after the date of notification of a
deputy's decision, an interested party petitions for review of such decision, the
decision shall be final. Petitions for review may be accepted out of time only for
good cause shown and in accordance with rules adopted by the director of the
division.
(c) The division shall give written notice to all interested parties when a
petition for review is filed. Such notice shall be pursuant to regulations adopted by
the director of the division.
(d) Pursuant to section 8-72-107, each interested party shall be given such
reasonable access to division records concerning the claim as is necessary for
proper presentation of his position concerning the claim.
(e) Any interested party to an appeal from a deputy's decision shall be
entitled to a hearing before a hearing officer. All interested parties shall have the
right to be present or to be represented by an attorney or other representative at
the hearing, to present such testimony and evidence as may be pertinent to the
claim, and to cross-examine witnesses. The division, pursuant to regulations
adopted by the director of the division, shall notify all interested parties of the
hearing. Such notification shall be made not less than ten calendar days prior to the
hearing.
(f) (I) The manner in which disputed claims shall be presented, the reports
required from interested parties, and the conduct of hearings shall be in
accordance with the provisions of this article and the regulations prescribed by the
director of the division, whether or not such regulations conform to common law or
statutory or regulatory rules of evidence or other technical rules of procedure.
(II) Evidence and requirements of proof shall 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 such
evidence possesses probative value commonly accepted by reasonable and prudent
men in the conduct of their affairs. Objections to evidentiary offers may be made
and shall be noted in the record. The person conducting a hearing shall give effect
to the rules of privilege recognized by law. He may exclude incompetent and unduly
repetitious evidence. Documentary evidence may be received in the form of a copy
or excerpt if the original is not readily available; but, 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 sections 24-4-105 and
24-4-106, C.R.S., shall not apply to hearings and court review under this article.
However, the rule-making provisions of section 24-4-103, C.R.S., shall apply to this
article.
(III) 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 weeks of unemployment, the same time and
place for considering each such claim may be fixed, hearings thereon may be jointly
conducted, a single record of the proceedings may be made, and evidence
introduced with respect to one proceeding may be considered as introduced in the
others, if, in the judgment of the tribunal having jurisdiction over the proceeding,
such consolidation would not be prejudicial to any interested party.
(IV) No person shall participate on behalf of the division in any case in which
he has a direct or indirect interest.
(V) A full and complete record shall be kept of all proceedings in connection
with a disputed claim. All testimony at any hearing upon a disputed claim shall be
recorded but need not be transcribed unless the disputed claim is presented for
further review. If necessary, the industrial claim appeals panel may listen to the
recorded testimony of a hearing on a disputed claim prior to rendering a decision. If
review is sought pursuant to section 8-74-107, the division shall transcribe the
testimony pursuant to such regulations as the director of the division may
prescribe.
(g) Repealed.