3 Colo. Code Regs. § 702-1-1-8-5

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

Section 3 CCR 702-1-1-8-5 - Rules

A. Unless another time period is specified by the Division in writing, every person shall provide a complete and accurate response to an Examination Request/Comment Form or Examination Request/Memo Form within ten (10) calendar days from the date on the form.

B. Except for responses to an Examination Request/Comment Form or Examination Request/Memo Form, and unless another time period is specified by statute, regulation or by the Division either electronically or in another written form, every person shall provide a complete and accurate response to any inquiry from the Division within twenty (20) calendar days from the date of the inquiry.

C. Extension Requests.

1. If additional time is required to respond to any Division inquiry, the person shall submit a written request for an extension of time to the Division employee or examiner making the inquiry. The request for an extension of time shall:

a. Be made no later than 5:00 PM Mountain Time on the business day prior to the response due date;

b. Include a specific period of time for the extension; and

c. State in detail the reasons necessitating the extension.

2. An extension may be granted, at the discretion of the Division, for good cause shown. When a request for an extension is granted, the person shall provide a complete and accurate response within the new time period granted. If an extension is not granted, or the person requesting the extension does not receive written confirmation from the Division that the extension is granted, the original response due date applies.

D. If a person is represented by legal counsel, said representation does not alter or absolve the person's obligations to comply with this regulation.

E. The Division will calculate the applicable time periods from the date of the Division's inquiry as follows:

1. If the response is mailed, the postmark date;

2. If the response is hand-delivered to the Division, the date identified by the Division's date received stamp;

3. If the response is hand-delivered directly to Division staff, Division representative or examiner while the examiner is off of Division premises, the date the staff, representative or examiner receives the response as acknowledged by the staff, representative or examiner;

4. If the response is transmitted electronically, the electronically recorded date and time; and

5. If the response is faxed, the date identified by the Division's date received stamp. If controversy over the received date of a fax exists, all evidence will be considered, including the electronically placed fax header and the Division's internal fax machine records.

F. Failure to provide a complete and accurate response to a Division inquiry, failure to request an extension for a specified period in accordance with Section 5.C. or failure to provide a complete and accurate response to a Division inquiry when an extension is not granted, may result in the imposition of a $500.00 civil penalty for an initial violation, and may be increased up to a maximum penalty of $5,000.00 for each subsequent violation, as permitted by § 10-3-109(3), C.R.S.

3 CCR 702-1-1-8-5

37 CR 11, June 10, 2014, effective 6/30/2014

37 CR 11, June 10, 2014, effective 7/1/2014

38 CR 09, May 10, 2015, effective 6/1/2015

38 CR 20, October 25, 2015, effective 11/15/2015

40 CR 19, October 10, 2017, effective 11/1/2017

40 CR 21, November 10, 2017, effective 12/1/2017

40 CR 21, November 10, 2017, effective 1/1/2018

41 CR 21, November 10, 2018, effective 12/1/2018

43 CR 21, November 10, 2020, effective 12/1/2020

45 CR 21, November 10, 2022, effective 11/30/2022