4 Colo. Code Regs. § 723-1-1301

Current through Register Vol. 47, No. 22, November 25, 2024

Section 4 CCR 723-1-1301 - Informal Complaints and Mediation

(a) An informal complaint is an informal, alternative dispute resolution tool used to avoid the costs associated with litigation. Any person may register, orally or in writing, an informal complaint with Commission staff expressing displeasure or dissatisfaction with a regulated entity.

(b) In responding to or managing an informal complaint, Commission staff may:

(I) explain to the informal complainant the Commission's jurisdiction or lack thereof;

(II) forward to the informal complainant relevant informational packets or brochures;

(III) investigate the informal complaint;

(IV) refer the informal complaint to the affected regulated entity for a response;

(V) file a formal complaint against the regulated entity, when specifically permitted by statute;

(VI) request that the Commission issue an order to show cause;

(VII) offer mediation;

(VIII) provide to the informal complainant information about how to file a formal complaint; or

(IX) employ any combination of the above responses or techniques, or respond in any other reasonably appropriate manner.

(c) If Commission staff refers an informal complaint to a regulated entity for a response, the regulated entity shall respond in writing within 14 days of the referral, or such lesser period as Commission staff may require. Commission staff may only require a response period less than five days if such period is reasonable under the circumstances of the informal complaint.

(d) If the informal complainant and the regulated entity agree, Commission staff may refer an informal complaint for mediation. If Commission staff refers the informal complaint for mediation:

(I) nothing said or offered during mediation or settlement negotiations may be used in any formal complaint proceeding against the person making the statement or offer; and

(II) the mediator shall attempt to resolve the informal complaint within ten days of the mediator's receipt of the mediation request, although the informal complainant and regulated entity may consent to additional time.

(e) A person may withdraw an informal complaint at any time.

4 CCR 723-1-1301

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 20, October 25, 2015, effective 11/14/2015

43 CR 13, July 10, 2020, effective 7/30/2020

45 CR 07, April 10, 2022, effective 4/30/2022