C.R.S. Section 26-2-127
Appeals

(1)(a)(I) Except as provided in part 7 of this article, if an application for assistance payments is not acted upon by the county department within a reasonable time after filing of the same, or if an application is denied in whole or in part, or if a grant of assistance payments is suspended, terminated, or modified, the applicant or recipient, as the case may be, may appeal to the state department in the manner and form prescribed by the rules of the state department. Every county department or service delivery agency shall adopt procedures for the resolution of disputes arising between the county department or the service delivery agency and any applicant for or recipient of public assistance prior to appeal to the state department. Such 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 shall be consistent with rules promulgated by the state board pursuant to article 4 of title 24, C.R.S. The dispute resolution process shall include an opportunity for all clients to have a county conference, upon the client’s request, and such requirement may be met through a telephonic conference upon the agreement of the client and the county department. The dispute resolution process need not conform to the requirements of section 24-4-105, C.R.S., as long as the rules adopted by the state board 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 state department in the manner and form prescribed by the rules of the state department. Whether at the county level, state level, or both, disputes related to the delivery of assistance under the Colorado works program established pursuant to part 7 of this article shall be decided in accordance with the rules promulgated by the state board pursuant to this subparagraph (I) and with the county’s official written policies adopted pursuant to section 26-2-716 (2.5), which policies govern delivery of assistance under such program. The state board shall adopt rules setting forth what other issues, if any, may be appealed by an applicant or recipient to the state department. County notices to applicants or recipients shall inform them of the basis for the county’s decision or action and shall 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 of making such appeal. A hearing need not be granted when either state or federal law requires or results in an automatic grant adjustment for classes of recipients, unless the reason for an individual appeal is incorrect grant computation.

(II)

Upon receipt of an appeal, the state department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with rules of the state department. Any such fair hearing shall comply with section 24-4-105, C.R.S., and the state department’s administrative law judge shall preside.

(III)

The appellant shall have an opportunity to examine all applications and pertinent records concerning said appellant that constitute a basis for the denial, suspension, termination, or modification of assistance payments.

(IV)

The appellant may represent himself or herself or he or she may be represented by legal counsel, or by a relative, friend, or other spokesman, and such representation by nonlawyers shall not be considered to be the practice of law.

(b)

The state department, by its rules, may provide for fair hearings and appeals for applicants for and recipients of social services.
(c)(Deleted by amendment, L. 97, p. 1317, § 1, effective July 1, 1997.)(2) All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.

(3)

The state department, the department of health care policy and financing, and the office of administrative courts in the department of personnel shall work together to streamline the process for the appeal of disputes that are not resolved at the county level and shall consider proposed legislative changes or federal waivers for the Colorado works program pursuant to part 7 of this article in order to address changes in the appeals process to avoid or mitigate expenses to counties of maintaining benefits during the pendency of state-level appeals.

(4)

The state department is authorized to apply to the United States department of agriculture and the health care financing administration for waivers to develop a process for appeals that ensures that issues may be consolidated at the local and state levels. In applying for the waiver, the state department shall demonstrate that due process considerations are addressed through other appeal mechanisms.

Source: Section 26-2-127 — Appeals, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­pdf (accessed Oct. 20, 2023).

26‑2‑101
Short title 26‑2‑102
Legislative declaration 26‑2‑102.5
Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules 26‑2‑103
Definitions 26‑2‑104
Public assistance programs - electronic benefits transfer service - joint reports with department of revenue - signs - rules 26‑2‑105
Federal requirements 26‑2‑106
Applications for public assistance 26‑2‑107
Verification - record 26‑2‑108
Granting of assistance payments and social services - rules 26‑2‑109
Right to own certain property 26‑2‑110
Repayment not required 26‑2‑111
Eligibility for public assistance - rules - repeal 26‑2‑111.5
Access to supplemental security income program benefits for old age pension applicants and recipients 26‑2‑111.6
Old age pension work incentive program 26‑2‑111.8
Eligibility of noncitizens for public assistance 26‑2‑112
Old age pensions for inmates of public institutions 26‑2‑113
Funds for old age pensions 26‑2‑114
Amount of assistance payments - old age pension 26‑2‑115
State old age pension fund - priority 26‑2‑116
Old age pension stabilization fund 26‑2‑119
Amount of assistance payments - aid to the needy disabled - rules 26‑2‑119.7
Federal disability benefits - application assistance - fund - rules - report - legislative declaration 26‑2‑120
Amount of assistance payments - aid to the blind 26‑2‑121
Expenses of treatment to prevent blindness or restore eyesight 26‑2‑122
Public assistance in the form of social services 26‑2‑122.3
Home care allowance - repeal 26‑2‑122.5
Acceptance of available money to finance the low-income energy assistance program 26‑2‑123
Removal to another county 26‑2‑124
Reconsideration and changes 26‑2‑125
Colorado works cases - vendor payments 26‑2‑127
Appeals 26‑2‑128
Recovery from recipient - estate 26‑2‑129
Funeral - final disposition expenses - death reimbursement - definitions - rules 26‑2‑131
Public assistance not assignable 26‑2‑132
Limitation 26‑2‑133
State income tax refund offset - rules 26‑2‑134
Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer 26‑2‑135
Medically correctable program - fund established - rules 26‑2‑137
Noncitizens programs 26‑2‑138
Refugee services program - state plan - rules - definitions - repeal 26‑2‑139
Food pantry assistance grant program - created - timeline and criteria - grants - definitions - repeal 26‑2‑140
Colorado diaper distribution program - diapering essentials - report - rules - definitions 26‑2‑141
High-quality work management system - implementation - funding - repeal 26‑2‑142
Colorado teen parent driver’s license program - report - rules - definitions - appropriation 26‑2‑143
Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions 26‑2‑144
Food bank assistance grant program - creation - rules - definition 26‑2‑201
Short title 26‑2‑202
Legislative declaration 26‑2‑203
Definitions 26‑2‑204
Mandatory minimum state supplementation of SSI benefits 26‑2‑205
Optional state supplementation 26‑2‑206
Interim assistance 26‑2‑207
Administration 26‑2‑208
Federal requirements 26‑2‑209
Limitations 26‑2‑210
State supplemental security income stabilization fund - creation 26‑2‑301
Food stamps - administration 26‑2‑301.5
Performance standards - incentives - sanctions 26‑2‑302
Federal requirements 26‑2‑304
Appeals - recoveries - rules 26‑2‑305
Fraudulent acts - penalties 26‑2‑305.5
Categorical eligibility - repeal 26‑2‑306
Trafficking in food stamps 26‑2‑307
Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal 26‑2‑308
Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal 26‑2‑701
Short title 26‑2‑702
Legislative intent 26‑2‑703
Definitions 26‑2‑704
No individual entitlement 26‑2‑705
Works program - purposes 26‑2‑706
Target populations 26‑2‑706.5
Restrictions on length of participation - rules 26‑2‑706.6
Payments and services under Colorado works - rules 26‑2‑707.5
Community resources investment assistance 26‑2‑707.7
Information concerning immunization of children 26‑2‑708
Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules 26‑2‑709
Benefits - cash assistance - programs - rules - repeal 26‑2‑709.5
Exit interviews and follow-up interviews of participants - reporting 26‑2‑710
Administrative review 26‑2‑711
Works program - sanctions against participants - rules 26‑2‑712
State department duties - authority 26‑2‑713
State maintenance of effort 26‑2‑714
County block grants formula - use of money - rules 26‑2‑714.5
Adjusted work participation rate - notification - county authorization - career and technical education 26‑2‑715
Performance contracts 26‑2‑716
County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules 26‑2‑717
Reporting requirements 26‑2‑718
Regionalization 26‑2‑719
Private contracting 26‑2‑720.5
County block grant support fund - created 26‑2‑721
Colorado long-term works reserve - creation - use 26‑2‑721.3
Colorado works program maintenance fund - creation - use - report 26‑2‑725
Outreach and engagement plan - family voice participation 26‑2‑1001
Short title 26‑2‑1002
Legislative declaration 26‑2‑1003
Definitions 26‑2‑1004
Individual development account program - rules 26‑2‑1005
Eligibility for participation in the individual development account program 26‑2‑1101
Legislative declaration 26‑2‑1102
Definitions 26‑2‑1103
Transitional jobs program 26‑2‑1104
Repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26-2-127’s source at colorado​.gov