9 Colo. Code Regs. § 2503-8-3.840
Current through Register Vol. 47, No. 22, November 25, 2024
Section 9 CCR 2503-8-3.840 - COUNTY DISPUTE RESOLUTION PROCESSIn order to resolve disputes between county departments of social services or the service delivery agency and applicants/recipients, county departments shall adopt procedures for the resolution of disputes consistent with this section. The procedures shall be designed to establish a simple non-adversarial format for the informal resolution of disputes.
3.840.1OPPORTUNITY FOR CONFERENCE.11 The county department or local service delivery agency, prior to taking action to deny, terminate, recover, initiate vendor payments or modify financial assistance or public assistance, to an applicant or recipient, shall, at a minimum, provide the individual opportunity for a county dispute resolution conference.3.840.12The right of an individual to a local conference is primarily to assure that the proposed action is valid, to protect the person against an erroneous action concerning benefits, and to assure reasonable promptness of county action. The individual may choose, however, to bypass the county dispute resolution process and appeal directly to the state Office of Administrative Courts, pursuant to the section on appeal and state hearing.
.13 The applicant/recipient is entitled to: A. be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or he may represent himself;B. with the exception of names of confidential informants, privileged communications between the county department and its attorney, and the nature and status of pending criminal prosecutions, examine the contents of the case file and all documents and records used by the county department or agency in making its decision at a reasonable time before the conference as well as during the conference;C. present new information or documentation to support reversal or modification of the proposed adverse action;.14 Failure of the applicant/recipient to request a local conference within the prior notice period, or failure to appear at the time of the scheduled conference without making a timely request for postponement, shall constitute abandonment of the right to a conference, unless the applicant/recipient can show good cause for his failure to appear. .15 "Good Cause" includes, but is not limited to: death or incapacity of an applicant/recipient, or a member of his immediate family, or the representative; any other health or medical condition of an emergency nature; or, other circumstances beyond the control of the applicant/recipient, and which would prevent a reasonable person from making a timely request for a conference or postponement of a scheduled conference.3.840.2CONDUCT OF COUNTY DISPUTE RESOLUTION CONFERENCE.21 The local dispute resolution conference shall be held in the county department or agency where the proposed decision is pending, before a person who was not directly involved in the initial determination of the action in question. The individual who initiated the action in dispute shall not conduct the local level dispute resolution conference..22 The person designated to conduct the conference shall be in a position which, based on knowledge, experience, and training, would enable him to determine if the proposed action is valid. .23 Two or more county departments/service delivery agencies may establish a joint dispute resolution process. If two or more counties/service delivery agencies establish a joint process, the location of the conference need not be held in the county or agency taking the action, but the conference location shall be convenient to the applicant/recipient. .24 The local level conference may be conducted either in person or by telephone. A telephonic conference must be agreed to by the applicant/recipient. .25 The county/agency caseworker or other person who initiated the action in dispute, or another person familiar with the case, shall attend the local level conference and present the factual basis for the disputed action. .26 The local level dispute resolution conference shall be conducted on an informal basis. Every effort is to be made to assure that the applicant/recipient understands the county department/agency's specific reasons for the proposed action, and the applicable state department's rules, or county policy. In the event the applicant/recipient does not speak English, an interpreter shall be provided by the county department/agency. .27 The county/agency shall have available at the conference all documents and records in the case file pertinent to the specific action in dispute.3.840.28 To the extent possible, the local dispute resolution conference shall be scheduled and conducted within the prior notice period. If the county department cannot conduct the conference within this period, for whatever reason, the adverse action shall be delayed and benefits continued until such conference can be held, unless continued benefits are waived by the individual. The county department/local service agency shall provide reasonable notice to the individual of the scheduled date, time and location for the conference, or the date, time and call-in telephone number of the scheduled telephone conference. Notice should be in writing, however, verbal notice may be given to facilitate the dispute resolution process.
3.840.29 The county department may consolidate disputes with any other public assistance program if the facts are similar and consolidation will facilitate resolution of all disputes.3.840.3NOTICE OF DISPUTE RESOLUTION CONFERENCE DECISIONAt the conclusion of the conference, the person presiding shall have the agreement entered into by the parties reduced to writing. Such agreement shall be signed by the parties and/or their representatives and shall be binding upon the parties. A copy of the written decision shall immediately be provided to the applicant/recipient and/or his representative. If the conference is held by telephone, the agreement need only be signed by the person presiding. A copy of the agreement will be promptly mailed or delivered to the other party(s). In the event the dispute is not resolved, the person presiding shall prepare a written statement indicating that the dispute was not resolved.
3.840.31 The decision shall include a statement explaining the applicant or recipient's right to request a state level fair hearing before an Administrative Law Judge, the time limit for requesting a state level hearing, and if appropriate, a statement that applicable benefits will continue pending a final state decision if appealed to the state within 10 calendar days from the date of the conference decision.38 CR 23, December 10, 2015, effective 1/1/201643 CR 03, February 10, 2020, effective 3/1/202043 CR 11, June 10, 2020, effective 7/1/202047 CR 02, January 25, 2024, effective 12/30/2023, exp. 4/16/2024 (Emergency)