C.R.S. Section 26.5-4-108
Appeals


(1)

Intentionally left blank —Ed.

(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.

Source: Section 26.5-4-108 — Appeals, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­5.­pdf (accessed Oct. 20, 2023).

26.5‑4‑101
Short title
26.5‑4‑102
Legislative declaration
26.5‑4‑103
Definitions
26.5‑4‑104
Colorado child care assistance program - department authority - cooperation with federal government - acceptance and administration of money
26.5‑4‑105
Colorado child care assistance program - department duties
26.5‑4‑106
Applications for child care assistance - verification - award - not assignable - limitation
26.5‑4‑107
Reconsideration and changes
26.5‑4‑108
Appeals
26.5‑4‑109
Provider rates - provider recruitment
26.5‑4‑110
Funding - allocation - maintenance of effort - allocation committee - rules
26.5‑4‑111
Services - eligibility - assistance provided - waiting lists - rules - exceptions from cooperating with child support establishment
26.5‑4‑112
Exemptions - requirements
26.5‑4‑113
No individual entitlement
26.5‑4‑114
Colorado child care assistance program - reporting requirements
26.5‑4‑115
Performance contracts
26.5‑4‑116
Recovery from recipient - estate
26.5‑4‑117
Locating violators - recoveries
26.5‑4‑118
Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants
26.5‑4‑119
State income tax refund offset - rules
26.5‑4‑201
Short title
26.5‑4‑202
Legislative declaration
26.5‑4‑203
Definitions
26.5‑4‑204
Colorado universal preschool program - created - eligibility - workforce development plan - program funding - rules
26.5‑4‑205
Quality standards - evaluation - support
26.5‑4‑206
Preschool special education services - department collaboration - memorandum of understanding
26.5‑4‑207
Preschool program evaluation and improvement process - independent evaluator
26.5‑4‑208
Preschool provider funding - per-child rates - local contribution - distribution and use of money - definitions - repeal
26.5‑4‑209
Preschool programs cash fund - created - use - repeal
26.5‑4‑210
Reporting
26.5‑4‑211
Colorado universal preschool program provider participation bonus program - report - rules - definitions - repeal
26.5‑4‑301
Legislative declaration
26.5‑4‑302
Online kindergarten readiness pilot program - created - survey - provider selection - funding
26.5‑4‑303
Reporting
26.5‑4‑304
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 26.5-4-108’s source at colorado​.gov