7 Colo. Code Regs. § 1103-18-3

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 7 CCR 1103-18-3 - Complaints

3.1 A person who is aggrieved by a violation of the POST Acts, or a representative of an aggrieved person, may file a complaint with the Division.

3.2 The Division will not accept complaints of violations of the Colorado Chance to Compete Act, C.R.S. § 8-2-130, or the Job Application Fairness Act, C.R.S. § 8-2-131, that occurred more than 12 months prior to the date of the complaint, and will not accept complaints of violations of the Equal Pay for Equal Work Act, Part II, C.R.S. § 8-5-201, that occurred before January 1, 2021.

3.3 Complaints shall be filed using a Division-approved form. A complaint or appeal is considered "filed" with the Division when it is received by the Division via mail, fax, email, online submission, or personal delivery. Any Complaint, appeal, or termination received after 11:59 pm Mountain Time is considered filed the next business day. If a complaint is filed without using a Division-approved form, the date the complaint is received will be the date of the complaint, then the complainant will have 14 days to submit a Division-approved form to avoid dismissal of the complaint without prejudice. The 14 days runs from the date the Division requests completion of the Division-approved form, unless the deadline is extended by the Division.

3.4 The complaint shall include the complainant's signature, contact information, and basis for the complaint. Failure to include this information on the complaint form may result in administrative dismissal of the complaint. Any such submission is considered "signed," or to have a "signature," if it has either an ink signature, a scanned signature, an electronically drawn or generated signature, or a typed name entered by the party or their authorized representative in the signature area; by signing in any such fashion, the individual is deemed to have agreed and assented that the document is signed by them.

3.5 The complaint shall include a short and plain statement of its grounds. A complaint concerning an employment application should also include or attach whichever the complainant is able to provide among the following: a link to, copy of, screen capture of, or other image of the application. The employer must explain which, if any, allegations it disputes. Any evidence probative of a relevant issue may be submitted or considered. The Division will cease investigating a complaint that, upon review, fails to raise a reasonable inference of a violation of any of the POST Acts.

3.6 Anonymous complaints will be accepted, but will not be investigated using the Division's administrative procedure, do not trigger any notice or participation rights for the Complainant, and will be investigated only at the discretion of the Division.

3.6.1 Anonymous complaints submitted on the Division's complaint form are considered tips or leads, and will be handled accordingly.

3.7 A complainant may withdraw a complaint at any time before the issuance of a determination by notifying the Division in writing.

3.8 A complainant shall respond in a timely manner to informational or investigatory requests by the Division. Failure to comply with this Rule may result in dismissal of the complaint. If a complaint is dismissed before a Notice of Complaint is sent to the employer due to failure to respond to a Division request for information, the complaint may be reopened if the complainant provides the requested information or documentation to the Division within 35 days of the request. A complainant may be required to file a new complaint if the response is received more than 35 days after the request.

7 CCR 1103-18-3

47 CR 11, June 10, 2024, effective 7/1/2024