7 Colo. Code Regs. § 1103-18-5

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

Rule 7 CCR 1103-18-5 - Determinations and Remedies

5.1 After investigating the complaint and assessing the employer's compliance, the Division investigator will issue a determination in writing.

5.1.1 The determination will be provided to the employer and complainant in writing via U.S. postal mail, electronic means or personal delivery.

5.1.2 The determination will contain information on the extent of the employer's compliance with the law, and will describe:

(A) what provisions of the law were adhered to and/or violated; and

(B) if a violation of a POST Act has occurred, steps the employer must take to cure the violation.

5.1.3 Determinations by the Division may include the following remedies, depending on which, if any, the Division's findings support:

(A) order(s) to cease non-compliance and/or effectuate compliance, as authorized by the POST Acts and statutes on Division investigative and enforcement authority in C.R.S. Title 8, Article 1; and

(B) fines pursuant to C.R.S. § 8-1-140(2) and/or the relevant POST Act.

5.1.4 The determination will contain information on appeal rights and appeal procedures.

5.1.5 The date of issuance of the Division's determination is the date the Division's determination is sent. Both the termination and appeal deadlines are calculated from the date the Division's determination is originally issued and sent to the parties.

5.1.6 A certified copy of any citation, notice of assessment, or order imposing relief or remedies may be filed with the clerk of any court having jurisdiction over the parties at any time after the entry of the order. Such a filing can be in a county or district court, and will thereby have the effect of a judgment from which execution may issue.

5.2 Each distinct violative job posting constitutes a separate violation for purposes of remedies, regardless of whether each posting references the same external publication or site with the violative content. Each instance of an individual responding to a job posting does not constitute a separate violation for purposes of remedies.

7 CCR 1103-18-5

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