7 Colo. Code Regs. § 1103-7-5

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

Rule 7 CCR 1103-7-5 - Determination

5.1 Upon conclusion of the investigation of a wage complaint, the Division will issue a determination.

5.1.1 The Division shall send the determination to all parties via U.S. postal mail, electronic means, or personal delivery on the date the determination is issued by the Division. The Division shall notify the parties of their termination and any appeal rights pursuant to C.R.S. § 8-4-111(3) and C.R.S. § 8-4-111.5(1).

5.1.2 The date of "issuance" of the Division's determination, as used in C.R.S. § 8-4-111(3), is the date the Division's determination is "sent," as used in C.R.S. § 8-4-111.5(1). Both the termination and appeal deadlines are calculated from the date the Division's determination is originally issued and sent to the parties.

5.1.3 If any copies of the decision are sent to the parties after the date the Division's determination is originally issued and sent to the parties, those copies are provided only as a courtesy and do not change the 35-day appeal and termination deadlines.

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

(A) monetary or other relief authorized by the statute(s) under which the wage complaint was filed, including but not limited to, where applicable -

(1) any unpaid wages, penalties, and/or fines under C.R.S. Title 8, Articles 1, 4, 6, and 13.3;

(2) if a claim under C.R.S. Title 8, Article 13.3 (HFWA) cost the employee a job or pay, back pay plus either reinstatement or (if reinstatement is infeasible) front pay for a reasonable period; and/or

(3) other fines or penalties authorized by statutes applicable to the complaint;

(B) fines or penalties authorized by the statutes on Division investigative and enforcement authority in C.R.S. Title 8, Articles 1, 4, 6, and 13.3; and/or

(C) order(s) to cease non-compliance and/or effectuate compliance, as authorized by the statute(s) under which the complaint was filed and statutes on Division investigative and enforcement authority in C.R.S. Title 8, Articles 1, 4, 6, and 13.3.

7 CCR 1103-7-5

47 CR 05, March 10, 2024, effective 4/1/2024

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