7 Colo. Code Regs. § 1107-9.3

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1107-9.3 - Filing Appeals of Determinations

1. Any party adversely affected by a determination may appeal it to the Appeals Unit. Where required by statute or State regulation, a party must request an internal review and reconsideration before filing an appeal.

2. The Division does not have jurisdiction over any matter that has been adjudicated or is currently being adjudicated by the court system or by another government administrative body having jurisdiction over such matter. If a party has filed a civil action in a court of competent jurisdiction pertaining to the same subject matter as a determination previously issued by the Division, the Appeals Unit will dismiss the appeal of that determination.

3. An appeal is procedurally valid only if it:

(a) is timely filed with the Division,

(b) includes a copy of the determination or reconsideration at issue or sufficiently identifies the determination or reconsideration appealed and the date of issuance, and

(c) has been signed or electronically verified by the party or the party's authorized representative.

4. The Division will only consider appeals filed within forty-nine (49) days of the date the Division issued the determination or reconsideration in question unless an extension of time is granted consistent with Rule 9.4.6.

5. An appeal to the Division is considered "filed" with the Division when the appeal is properly sent by U.S. first class mail or electronically. Any appeal to the Division sent after 11:59 p.m. (Mountain Time Zone) is considered filed the next business day.

6. An appeal to the Division is considered "signed," or to have a "signature," if it has either an ink signature, a scanned signature, an electronically drawn or generated signature, a unique mark belonging to a specific person, or a typed name entered by the party or 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 such party.

7. Unless otherwise specified, deadlines in this rule may be extended up to a maximum of forty-nine (49) days for good cause. If a deadline falls on a weekend or State holiday, the deadline shall become the next business day.

7 CCR 1107-9.3

46 CR 23, December 10, 2023, effective 1/1/2024

47 CR 23, December 10, 2024, effective 1/1/2025