7 Colo. Code Regs. § 1103-8-4

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

Rule 7 CCR 1103-8-4 - Determination

4.1 Upon completing the investigation, the Division may issue a determination detailing its conclusions.

4.1.1 The Division may issue a Citation against an employer that the Division determines by a preponderance of evidence has violated labor standards law.

4.1.2 The Division may issue to the employer a Notice of Assessment for one or more employee(s) whom the Division determines by a preponderance of the evidence has suffered a violation of labor standards law and who is owed any remedies.

4.1.3 Determinations by the Division may include all remedies authorized by law, that are supported by the Division's findings, including:

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

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

(2) if a violation of C.R.S. Title 8, Articles 13.3 (HFWA) or 14.4 (PHEW) cost an employee or worker 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 investigation;

(B) fines or penalties authorized by the statutes on Division investigative and enforcement authority in C.R.S. Title 8, Articles 1, 4, and 5; and/or

(C) order(s) to cease non-compliance and/or effectuate compliance, as authorized by the statute(s) under which the investigation was conducted and statutes on Division investigative and enforcement authority in C.R.S. Title 8, Article 1, 4, 5, and 6.

4.1.4 The Division may issue to the employer a Notice of Assessment inclusive of all wages, penalties, fines and/or other remedies assessed upon the employer.

4.1.5 The Citation and Notice of Assessment will identify the violation, any wages, penalties, and/or other remedies owed to the employee(s), and any fines owed to the Division. If the Division concludes that wages and/or other sums are owed to the employee, but cannot calculate the precise amount due, then the Division may award a reasonable estimate.

4.1.6 For cases in which a valid written demand was sent prior to the issuance of the Citation and Notice of Assessment, to encourage compliance by the employer, if the employer pays the employee(s) all wages and compensation owed within 14 days after a Citation and Notice of Assessment is sent to the employer, the Division may reduce by up to fifty percent any penalties imposed pursuant to C.R.S. § 8-4-109, and may waive or reduce any fines imposed.

4.1.7 If the Division does not determine that an employee suffered a violation of labor standards law, the Division may issue a Notice of Investigation Termination.

4.2 The Division shall send the determination via U.S. postal mail, electronic means, or personal delivery to a correct address of the employer on the date the determination is issued.

4.3 The appeal deadline is calculated from the date the Division's determination is originally issued and sent to the employer.

4.4 If any copies of the Division's determination are sent to the employer after the date of its issuance, those copies are only courtesy copies and do not change the 35-day appeal and termination deadlines.

7 CCR 1103-8-4

42 CR 02, January 25, 2019, effective 2/14/2019

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 23, December 10, 2020, effective 1/1/2021

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