§ 25-4-1609.5 — Grievance process

Colorado § 25-4-1609.5

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Disease Control

Text

(1) If a licensee believes that a county or
district public health agency is taking regulatory action outside the scope of its
authority, the licensee may file a written complaint with the department within
thirty days after the licensee's knowledge of the regulatory action.

(2) Within forty-five days after receipt of a written complaint pursuant to
subsection (1) of this section, the department shall convene a dispute resolution
panel that consists of one person from the department, one person from the retail
food industry, and one person from a county or district public health agency who is
not within the jurisdiction of the licensee requesting resolution. The dispute
resolution panel shall allow the licensee and the county or district public health
agency to provide information related to the grievance. The dispute resolution
panel shall make findings concerning the grievance and shall recommend to the
county or district public health agency a resolution to the dispute. The county or
district public health agency shall implement the recommendations within thirty
days after receipt of the findings and recommendations from the dispute resolution
panel. If the parties to the grievance resolve the complaint prior to review by the
dispute resolution panel, the parties shall notify the department in writing and the
grievance shall be dismissed.

(3) If the county or district public health agency fails to implement the
recommendations of the dispute resolution panel within thirty days after receipt of
the recommendations, the county or district public health agency shall provide the
licensee with the opportunity to request an administrative hearing in accordance
with section 24-4-105, C.R.S.

Legislative History

Source: L. 2009: Entire section added, (SB 09-223), ch. 255, p. 1157, � 10, effective May 15.