7 Colo. Code Regs. § 1107-9.2
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1107-9.2 - Definitions1. Unless otherwise indicated, terms used here that are defined in the FAMLI Act have the same definition as they do under the FAMLI Act.2. "Administrative Decision" means a written decision made by the Division's administrative staff other than the hearings officers.3. "Appeal" means a written statement challenging any part of a determination and submitted to the Appeals Unit for review by a FAMLI hearing officer after internal review has occurred, if required by statute or State regulation.4. "Appellant" means the party making the request for a FAMLI hearing officer to review a determination or reconsideration, as those terms are defined in this Rule.5. "Authorized representative" has the same meaning as 7 CCR 1107-8, Section 8.2.2.6. "Claimant" means a person who has filed a FAMLI Claim, regardless of whether the person is a covered individual pursuant to C.R.S. § 8-13.3-503(3). If that person has a "designated representative," as defined in 7 CCR 1107-3, Section 3.2.10, the designated representative is subject to the same deadlines and obligations as the claimant with regard to these regulations.7. "Correct address" has the same meaning as 7 CCR 1107-8, Section 8.2.6.8. "Determination" means an administrative decision or a private plan decision that is designated as a "determination" or "reconsideration" or is a written decision that (1) explicitly or effectively approves or denies all or part of a FAMLI Claim, (2) imposes fines, fees, or penalties, (3) identifies an overpayment or requires repayment of benefits, (4) awards damages, or other remedies, (5) denies or grants all or part of the relief requested in an accepted grievance, investigation, or complaint, or (6) withdraws the approval of a private plan or finds that a private plan committed a violation of the FAMLI Act or its implementing regulations. "Determination" does not include a Division notice that only informs a claimant or applicant that an application is incomplete or requests additional information.9. "Division" means the Paid Family and Medical Leave Insurance Division of the Department of Labor and Employment created pursuant to C.R.S. § 8-13.3-508.10. "Documents" means any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, computer screenshots, and other data or data compilations - stored in any medium from which information can be obtained either directly, or any designated tangible things.11. "FAMLI Appeals Unit" or "Appeals Unit" means the work unit presently within the Policy and Appeals Branch of the FAMLI Division, authorized to resolve appeals of determinations and reconsiderations.12. "FAMLI Claim" means a claim for "benefits" and "paid family and medical leave" as those terms are defined under the FAMLI Act, C.R.S. § 8-13.3-501 et seq.13. "Good cause" has the same meaning as 7 CCR 1107-3, Section 3.2.11.14. "Parties of record" means the appellant, the Division, parties listed on a notice of hearing, and any person added as a party by a hearing officer after a notice of hearing is issued.15. "Party" means a person explicitly identified as a "party" in these rules or who has a right or a legally cognizable interest potentially affected by the outcome of an appeal. The Division is a party to any appeal filed with the Appeals Unit of the Division. A "private plan administrator," as defined in 7 CCR 1107-5, is a party to any appeal involving a private plan.16. "Person" includes natural persons and entities with a recognized legal status in Colorado.17. "Reconsideration" is a decision that replaces a prior Division-issued determination following an internal review process.46 CR 23, December 10, 2023, effective 1/1/202447 CR 23, December 10, 2024, effective 1/1/2025