2 Colo. Code Regs. § 406-17-17172
Current through Register Vol. 48, No. 1, January 10, 2025
Section 2 CCR 406-17-17172 - CLAIM SETTLEMENT; WAIVER OF COMMISSION REVIEWA. Any claim up to $5,000 may be approved by the Area Wildlife Manager. Claims in the amount of $5,001 to $20,000 may be approved by the Regional Manager. Claims exceeding $20,000 which are recommended for payment by the Division must be approved by the Commission.B. In cases where the Division and the claimant are unable to reach settlement, the claimant may seek review by the Commission or, subject to §§ 33-3-107 - 33-3-110, CRS, file an action in the small claims division of county court. A claim of any amount, which is recommended for denial of payment by the Director, shall require a final decision by the Commission. However, if the claim is for $7,500 or less, the claimant may waive review by the Commission and commence an action in the small claims division of the county court for the county where the damage allegedly occurred. Such waiver shall be in writing and shall be filed in the relevant CPW Area Office within ten (10) days after such claimant receives notification from the Division of its intent to recommend the Commission deny their claim, or within ten (10) days after the claimant receives from the Division an offer of settlement unacceptable to such claimant.C. When a claim is recommended for denial of payment by the Division, the claimant will be notified of such recommendation by certified mail at least 30 days prior to the regularly scheduled Commission meeting when such claim will or could be considered.D. Any claimant who cashes a state warrant issued for the purpose of claim settlement thereby acknowledges receipt of payment in full satisfaction of damages claimed and thereby waives any and all further claim against the state for such damages.E. Base Compensation Claims and Optional Claims, and their associated remedies, are only available to claimants if they follow the processes codified in these regulations and, if denied, may be appealed pursuant to the State Administrative Procedure Act, §§ 24-4-101 - 204, CRS. If claimants waive commission review pursuant to #17172 or file an action for damages as authorized by § 33-3-108, CRS, none of the presumptions or inferences contained in these rules shall apply, nor shall such claimants have a claim against the state related to guard or herding animals, and the claimant shall plead and prove their entitlement to fair compensation as provided by law.46 CR 11, June 10, 2023, effective 7/1/202347 CR 13, July 10, 2024, effective 8/1/2024