§ 26.5-4-108 — Appeals

Colorado § 26.5-4-108

• Jurisdiction: Colorado
• Title 26.5: Early
• Art.: Child Care and Education

Text

(1) (a) If a county department does not act on an
application for child care assistance within a reasonable time after the application
is filed, or if a county department denies an application in whole or in part, or if a
county department suspends, terminates, or modifies a grant of child care
assistance, the applicant or recipient, as the case may be, may appeal to the
department in the manner and form prescribed by department rules. Every county
department shall adopt procedures for the resolution of disputes arising between
the county department and an applicant for or recipient of child care assistance
prior to appeal to the department. The procedures are referred to in this section as
the dispute resolution process. Two or more counties may jointly establish the
dispute resolution process. The dispute resolution process must be consistent with
department rules. The dispute resolution process must include an opportunity for
all clients to have a county conference upon the applicant's or recipient's request.
This requirement may be met through a telephonic conference upon the agreement
of the applicant or recipient and the county department. The dispute resolution
process need not conform to the requirements of section 24-4-105, as long as the
department rules include provisions specifically setting forth expeditious time
frames, notice, and an opportunity to be heard and to present information. If the
dispute is not resolved, the applicant or recipient may appeal to the department in
the manner and form prescribed by department rules. County notices to applicants
or recipients must inform them of the basis for the county's decision or action and
must inform them of their rights to a county conference under the dispute
resolution process and of their rights to state-level appeal and the process for
making the appeal.

(b) Upon receipt of an appeal, the department shall give the appellant
reasonable notice and an opportunity for a fair hearing in accordance with
department rules. The hearing must comply with section 24-4-105, and an
administrative law judge must preside.

(c) The appellant must have an opportunity to examine all applications and
pertinent records concerning the appellant that constitute a basis for the denial,
suspension, termination, or modification of child care assistance.

(d) The appellant may represent himself or herself or may be represented by
legal counsel, or by a relative, friend, or other spokesperson. Representation by a
nonlawyer in this circumstance does not constitute the practice of law.

(2) All decisions of the department are binding on the county department
involved, and the county department shall comply with said decisions.

Legislative History

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 666, � 3, effective July 1.