7 Colo. Code Regs. § 1107-8.2
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1107-8.2 - Definitions and Clarifications1. "Aggrieved party" means a person who alleges that their rights under the FAMLI Act or its implementing regulations have been violated.2. "Authorized representative" means a person designated by a party to an agency action or investigation to represent the party during any Division proceeding, including an investigation, hearing, or appeal. An authorized representative may be, but does not have to be, an attorney. To designate or change an authorized representative, the party must comply with the requirements of Section 8.3.8.3. "Certified copy" means a copy of a final division decision (issued by a Division investigator or hearing officer) signed by the director of the division, or his or her designee, certifying that the document is a true and accurate copy of the final decision. A Division decision (issued by a Division investigator or hearing officer) will not be certified unless: either (1) all appeal deadlines have passed and no appeal has been filed or (2) if an appeal was timely filed, the decision was not superseded on appeal.4. "Charging Party" means an aggrieved party who files a complaint alleging violations arising under C.R.S. § 8-13.3-509.5. "Complaint" means the official form submitted to the FAMLI Division by a named aggrieved party alleging a violation of C.R.S. § 8-13.3-509. 66. "Correct address" can include, but is not limited to, an email address reported to the Division or posted on a party's website, an address on file with the Colorado Secretary of State, the address of a registered agent on file with the Colorado Secretary of State, or an address provided to the Division by the party. A notice is deemed sent to a party when placed in the U.S. mail, sent by electronic means, personally delivered to a party or a party's representative, or personally delivered to a party's correct address.7. "Determination" has the same meaning as defined in 7 CCR 1107-9, Section 9.2.8.8. "Determination letter" means a letter detailing a decision by a Division compliance investigator upon the conclusion of an investigation.9. "Good cause" has the same meaning as 7 CCR 1107-3, Section 3.2.11.10. "Investigator" means a member of the Division staff tasked with the collection and discovery of factual information concerning the potential violations of the FAMLI Act and its implementing regulations. Investigators may also prepare determinations or dismissals arising out of an investigation.11. "Motivating factor" means a standard that requires the Charging Party to show that the protected activity engaged in under the FAMLI Act and its implementing regulations was a motivating factor in the employer's adverse action. This does not mean it was the sole factor, but it must be one of the factors that influenced the Respondent's decision to take adverse action. This legal standard is applicable in cases where the Charging Party claims that FAMLI was one of the reasons for the Respondent's adverse action. Even if other legitimate reasons were also present, as long as protected activity under the FAMLI Act and its implementing regulations was a motivating factor, the Respondent could be found in violation of the law.12. "Notice of Dismissal" under this Section means a written notification provided to a Charging Party and Respondent by the Division dismissing the complaint in its entirety. A Notice of Dismissal may be issued at any time during the proceedings.13. "Notice of Investigation" means a notice to an employer that identifies potential violations under investigation and includes an initial request for documentation and records.14. "Notice of Investigation Termination" means a notice to an employer that no further action is contemplated by the Division regarding the potential violations described in the Notice of Investigation.15. "Other protected party," as to the rights and responsibilities under the FAMLI Act, means a person who has, or is perceived as having, any relationship protected against retaliation under the FAMLI Act, including but not limited to: A. a "family member" of an employee, as defined at C.R.S. § 8-13.3-503(11).B. a "workplace relationship" with a covered employee which encompasses any person with whom the employee has interacted repeatedly in the scope of their employment, regardless of the person's employer or employment status.16. "Party" has the same meaning as 7 CCR 1107-9, Section 9.2.15.17. "Position Statement" means a responsive statement to the Division that addresses all of the allegations in a Charging Party's Complaint, provides relevant evidence to support the Respondent's position, and asserts any defenses that the Respondent believes are applicable and can help the Division accelerate the investigation and tailor its requests for additional information.18. "Respondent" means an individual or entity against whom a complaint has been filed.19. "Subject of an investigation'' means an individual or entity whose conduct has given rise to a Division-initiated investigation of potential violations of the FAMLI Act and its implementing regulations.20. Except where explicitly provided by the FAMLI Act or its implementing regulations, these rules do not apply to local governments that have declined participation in the FAMLI program.46 CR 12, June 25, 2023, effective 7/15/202346 CR 23, December 10, 2023, effective 1/1/202447 CR 23, December 10, 2024, effective 1/1/2025