COLORADO STATE LABOR RELATIONS RULES

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COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT

Division of Labor Standards and Statistics

STATE LABOR RELATIONS RULES

7 CCR 1103-12

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

Adopted February 9, 2024; effective April 1, 2024.

Rule 1. Authority.

1.1

These Rules are issued under the authority of, and as enforcement of, Colorado Revised Statutes

(“C.R.S.”) Title 24, Article 50 (2022) (the “Colorado Partnership for Quality Jobs and Services

Act,” C.R.S. § 24-50-1101 et seq.), as well as the general labor law implementation and

enforcement authority of C.R.S. Title 8, Articles 1 and 3 (2022), and are intended to be consistent

with the rulemaking requirements of the Administrative Procedure Act, C.R.S. § 24-4-103. These

Rules are promulgated pursuant to the Division’s authority in C.R.S. §§ 24-50-1103, -1106(4),

and C.R.S. § 8-3-105.

1.2

The Director of the Division of Labor Standards and Statistics in the Department of Labor and

Employment has the authority to enforce C.R.S. § 24-50-1101 et seq. and these Rules.

1.3

Incorporations by Reference. C.R.S. § 24-50-1101 et seq. is hereby incorporated by reference

into these Rules. Copies are available for public inspection and a reasonable charge at the

Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, 633

17th Street, Denver CO 80202. Electronic access is available from the website of the Colorado

Secretary of State. Pursuant to C.R.S. § 24-4-103(12.5)(b), the agency shall provide certified

copies of them at cost upon request or shall provide the requestor with information on how to

obtain a certified copy of the material incorporated by reference from the agency originally issuing

them. All Division Rules are available to the public at www.coloradolaborlaw.gov

m the website of the Colorado

Secretary of State. Pursuant to C.R.S. § 24-4-103(12.5)(b), the agency shall provide certified

copies of them at cost upon request or shall provide the requestor with information on how to

obtain a certified copy of the material incorporated by reference from the agency originally issuing

them. All Division Rules are available to the public at www.coloradolaborlaw.gov. Where these

Rules have provisions different from or contrary to any incorporated or referenced material, the

provisions of these Rules govern so long as they are consistent with Colorado statutory and

constitutional provisions.

1.4

Separability. These Rules are intended to remain in effect to the maximum extent possible. If any

part (including any section, sentence, clause, phrase, word, or number) is held invalid, (A) the

remainder of the Rule remains valid, and (B) if the provision is held not wholly invalid, but merely

in need of narrowing, the provision should be retained in narrowed form.

Rule 2. Definitions.

2.1

“Authorized representative” means a person designated by a party to an unfair labor practice

complaint to represent the party during the Division’s complaint and/or appeal process. To

designate an authorized representative, the party must comply with the requirements of Rule

4.1.1.

2.2

A “covered employee” is defined as “an employee who is employed in the personnel system of

the state established in Section 13 of Article XII of the State Constitution,” unless the individual is

not covered for one of the reasons provided in C.R.S. § 24-50-1102(3)(a)-(h).

Code of Colorado Regulations

Secretary of State

State of Colorado

CODE OF COLORADO REGULATIONS

7 CCR 1103-12

Division of Labor Standards and Statistics

efined as “an employee who is employed in the personnel system of

the state established in Section 13 of Article XII of the State Constitution,” unless the individual is

not covered for one of the reasons provided in C.R.S. § 24-50-1102(3)(a)-(h).

Code of Colorado Regulations

Secretary of State

State of Colorado

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2.3

“Director” refers to the Director of the Division of Labor Standards and Statistics and his or her

designee, unless otherwise specified in these Rules.

2.4

An “employee organization” has the same meaning as in C.R.S. § 24-50-1102(7), and a “certified

employee organization” has the same meaning as in C.R.S. § 24-50-1102(1).

2.5

“Division” refers to the Division of Labor Standards and Statistics in the Colorado Department of

Labor and Employment.

2.6

“Electronic mail” (“email”) refers to the electronic transmission of messages, including documents,

via the Internet.

2.7

“Mail” refers to first-class mail, sent through the United States Postal Service, postage prepaid.

2.8

“Unfair labor practice” is defined as in C.R.S. §§ 24-50-1107, -1108, -1109, -1111, and -1112, but

does not include disputes over the interpretation, application, and enforcement of any provision of

the partnership agreement.

Rule 3. Filing.

3.1

Documents may be filed with the Division by electronic mail, facsimile, or other electronic means

when possible; U.S. mail is also an acceptable filing method. A document is considered “filed”

with the Division when it is received by the Division; any document received after 11:59 p.m.

Mountain Time is considered “filed” the next business day.

Rule 4. Unfair Labor Practices.

4.1

Unfair Labor Practice Complaints

4.1.1

The party filing an unfair labor practice complaint shall be designated the charging party.

The party against whom a complaint is filed shall be designated the respondent. Either

party may designate an authorized representative to act on its behalf in filing a complaint

with the Division

dered “filed” the next business day.

Rule 4. Unfair Labor Practices.

4.1

Unfair Labor Practice Complaints

4.1.1

The party filing an unfair labor practice complaint shall be designated the charging party.

The party against whom a complaint is filed shall be designated the respondent. Either

party may designate an authorized representative to act on its behalf in filing a complaint

with the Division. The party may designate an authorized representative by filing the

Division-approved form with the Division. The party may revoke the authorized

representative’s authority by contacting the Division in writing.

4.1.2

An unfair labor practice complaint must be received by the Division no later than six

months after the date that the alleged unfair labor practice occurred.

4.1.3

Unfair labor practice complaints shall be filed on the designated form provided by the

Division. The charging party shall set forth a clear and concise statement of the facts

constituting the unfair labor practice.

4.1.4

The Division will evaluate unfair labor practice complaints to determine if the Division has

jurisdiction over the alleged conduct and if sufficient evidence has been shown from

which an unfair labor practice may be reasonably inferred.

4.1.5

If the unfair labor practice complaint provides insufficient evidence, the Division will notify

the charging party and may request additional information.

4.1.6

Failure to respond in a timely manner to requests from the Division for additional

supporting information and/or documentation may result in dismissal of the unfair labor

practice complaint.

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provides insufficient evidence, the Division will notify

the charging party and may request additional information.

4.1.6

Failure to respond in a timely manner to requests from the Division for additional

supporting information and/or documentation may result in dismissal of the unfair labor

practice complaint.

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4.1.7

After determining that a charging party’s unfair labor practice complaint contains sufficient

allegations and evidence that, if proven true, would state a claim of an unfair labor

practice, the Division shall give notice of the allegations and request an answer be filed

by the respondent.

4.1.8

The respondent shall file an answer responding to each allegation in the complaint, and

attach any documentation or evidence the respondent wishes the Division to consider in

reviewing the complaint, within 21 calendar days of the date the Division sends a copy of

the complaint to the respondent.

4.1.9

In any stage of any Division investigation, proceeding, or other action, if information is

provided to the Division by a source requesting or otherwise warranting confidentiality,

then the source shall remain confidential if that information is used: (1) as a basis for

procuring other evidence, not offered as evidence itself; (2) as evidence of liability, but

not to establish individual relief for the source of the information; or (3) in other

circumstances in which confidentiality is necessary and appropriate. Any such

confidential source is unlawful to disclose (unless the source consents) in any

administrative or judicial proceeding, in response to any records or information request,

or in any other manner, in order to effectuate statutory requirements. To the extent

applicable, the provisions and practices regarding confidential sources stated in the

Wage Protection Rules, 7 CCR 1103-7 (as amended and modified) are incorporated by

reference

to disclose (unless the source consents) in any

administrative or judicial proceeding, in response to any records or information request,

or in any other manner, in order to effectuate statutory requirements. To the extent

applicable, the provisions and practices regarding confidential sources stated in the

Wage Protection Rules, 7 CCR 1103-7 (as amended and modified) are incorporated by

reference.

4.1.10 Upon receiving a request in writing to the Division stating the reason required for an

extension, the Division may, in its discretion, extend the period for the respondent to file

an answer to the complaint for good cause.

4.1.11 Upon written request, other parties or entities may be designated as intervenors or may

be joined as charging parties or respondents, at the Division’s discretion.

4.1.12 Upon receipt of the complaint, answer, and any supplemental documents, the Division

shall make a determination as to whether an unfair labor practice has been committed

and issue findings and orders.

4.1.13 The burden of proof for establishing an unfair labor practice is on the charging party.

4.1.14 The Division may exercise its discretion to have an investigation sequenced and/or

divided into two or more stages on discrete questions of liability or relief (e.g.,

bifurcation), yielding two or more determinations and/or phases of the investigation.

4.1.15 A charging party may withdraw an unfair labor practice complaint at any time prior to

issuance of a determination.

4.2

Unfair Labor Practice Appeals

4.2.1

An appellant, either the charging party or respondent, may file an appeal within 35

calendar days from the date of the Division’s determination. A valid appeal is a written

statement that is timely filed with the Division, explains the basis for the appeal, and has

been signed by the appellant or the appellant’s authorized representative.

4.2.2

On appeal, questions of fact are reviewable for clear error, while questions of law are

reviewable de novo.

may file an appeal within 35

calendar days from the date of the Division’s determination. A valid appeal is a written

statement that is timely filed with the Division, explains the basis for the appeal, and has

been signed by the appellant or the appellant’s authorized representative.

4.2.2

On appeal, questions of fact are reviewable for clear error, while questions of law are

reviewable de novo.

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4.2.3

Upon receipt of the appeal, the Division will notify the parties of the date of the hearing

and any interim deadlines, and send a copy of the appeal and a copy of the record of its

investigation to the parties by mail or electronic mail. All evidence submitted to the

Division as part of the investigation is part of the record on appeal and need not be

resubmitted.

4.2.4

The hearing officer shall have the power and authority to call, preside at, and conduct

hearings on the appeal, including the power to administer oaths and affirmations, order

and take depositions, certify to official acts, and issue subpoenas to compel the

attendance of witnesses and the production of books, papers, correspondence,

memoranda, and other records deemed necessary as evidence in connection with a

disputed determination. The hearing officer shall make a decision on each relevant issue

raised, including findings of fact, conclusions of law, and an order.

4.2.5

Parties who timely file a valid appeal of the Division’s determination will be afforded an

administrative appeal hearing before a Division hearing officer. Parties may be required

to appear by telephone.

4.2.6

The parties may submit new testimonial evidence, which is defined as any evidence that

is elicited through the statements of individual witnesses, to the hearing officer in

accordance with deadlines imposed by the Division. New evidence must be sent to all

other parties to the appeal

inistrative appeal hearing before a Division hearing officer. Parties may be required

to appear by telephone.

4.2.6

The parties may submit new testimonial evidence, which is defined as any evidence that

is elicited through the statements of individual witnesses, to the hearing officer in

accordance with deadlines imposed by the Division. New evidence must be sent to all

other parties to the appeal. Failure to send all new evidence to all other parties to the

appeal may result in the evidence being excluded from the record. The parties may

submit new documentary or other non-testimonial evidence in accordance with deadlines

imposed by the Division and upon showing “good cause,” which may be assessed based

on any relevant factors, including but not limited to:

(A)

That the new evidence was previously not known or obtainable, despite diligent

evidence gathering efforts by the party offering the new evidence;

(B)

That the party failed to receive fair notice of the investigation or of a key filing by

another party or by the Division to which the new evidence is responsive;

(C)

That factors outside the control of the party prevented a timely action or

interfered with the opportunity to act, except that the acts and omissions of a

party's authorized representative are considered the acts and omissions of the

party and are not considered to be a factor outside the party's control as intended

by this rule;

(D)

That a determination raised a new issue or argument that cannot be responded

to adequately without the new designate;

(E)

That, at the investigation stage, the party offering new evidence requested more

time to submit evidence, yet was denied, and in the hearing officer’s judgment (1)

the need for more time was legitimate and did not reflect neglect by the party, (2)

the denial of the request for more time was unwarranted, and (3) exclusion of the

evidence would cause substantial injustice to the party; and/or

(F)

That failure to admit the evidence otherwise would cause substantial injustice

and did not arise from n

nce, yet was denied, and in the hearing officer’s judgment (1)

the need for more time was legitimate and did not reflect neglect by the party, (2)

the denial of the request for more time was unwarranted, and (3) exclusion of the

evidence would cause substantial injustice to the party; and/or

(F)

That failure to admit the evidence otherwise would cause substantial injustice

and did not arise from neglect by the party.

4.2.7

An appeal may, at the discretion of the hearing officer, be sequenced and/or divided into

two or more stages on discrete questions of liability or relief (e.g., bifurcation), yielding

two or more decisions and/or phases of the appeal.

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4.2.8

After the hearing, a decision shall be issued on each relevant issue raised, including

findings of fact, conclusions of law, and orders, and shall be served on all parties by mail,

or electronic mail, as consistent with applicable law. Absent timely modification by the

Director, the decision shall constitute final agency action, and the final decision of the

Division. A party may seek judicial review of the decision pursuant to C.R.S. § 24-50-

1115(1).

Rule 5. Appeals of Coverage Decisions by the State Personnel Director.

5.1

Appeals of a decision by the State Personnel Director regarding whether an employee or group of

employees are appropriately classified as “covered employees” may be filed with the Division on

the Notice of Appeal form provided by the Division. The hearing officer will review the State

Personnel Director decision de novo.

5.2

A certified employee organization or the State may file a Notice of Appeal with the Division within

35 calendar days from the date of the decision of the State Personnel Director. A valid appeal is a

written statement that is timely filed with the Division, explains the basis for the appeal, and has

been signed by the appellant or the appellant’s authorized representative

tor decision de novo.

5.2

A certified employee organization or the State may file a Notice of Appeal with the Division within

35 calendar days from the date of the decision of the State Personnel Director. A valid appeal is a

written statement that is timely filed with the Division, explains the basis for the appeal, and has

been signed by the appellant or the appellant’s authorized representative.

5.3

The appellant shall provide the State Personnel Director (SPD) with a copy of the Notice of

Appeal at the time of filing with the Division. The SPD shall have 21 calendar days to file a

Response, after which the appellant shall have 21 calendar days to file a Reply.

5.4

The State Personnel Director (SPD) may authorize another official, department, division, agency,

or other person to respond to the Notice of Appeal, provide information or evidence regarding the

Notice of Appeal, or otherwise participate in the appeal. The SPD may so authorize in writing, or

a state official may represent that they have been so authorized in a submission that is also

copied to the SPD.

5.5

Upon receipt of the Notice of Appeal, the Response, and the Reply, the Division shall assign a

hearing officer, who may set the matter for hearing or make a decision on the existing record. The

hearing officer shall have the power and authority to call, preside at, and conduct hearings on the

appeal, including the power to administer oaths and affirmations, order and take depositions,

certify to official acts, and issue subpoenas to compel the attendance of witnesses and the

production of books, papers, correspondence, memoranda, and other records deemed necessary

as evidence in connection with a disputed ruling of the State Personnel Director.

5.6

The hearing officer shall make a decision on each relevant issue raised, including findings of fact,

conclusions of law, and an order sustaining, overruling or modifying the ruling of the State

Personnel Director

es and the

production of books, papers, correspondence, memoranda, and other records deemed necessary

as evidence in connection with a disputed ruling of the State Personnel Director.

5.6

The hearing officer shall make a decision on each relevant issue raised, including findings of fact,

conclusions of law, and an order sustaining, overruling or modifying the ruling of the State

Personnel Director. Testimony and further evidence may be allowed at the hearing, at the

discretion of the hearing officer. Parties may be required to appear by telephone.

5.7

The hearing officer’s decision constitutes a final agency action pursuant to C.R.S. § 24-4-106,

unless written exceptions to that decision are filed in accordance with the State Administrative

Procedure Act (C.R.S. § 24-4-101 et seq.) and any Division filing instructions accompanying the

hearing officer’s decision. If timely exceptions are filed, the decision on the exceptions constitutes

the final agency action. The Division shall promptly provide all parties with a copy of the hearing

officer’s decision by mail or electronic mail, as consistent with applicable law. A party may seek

judicial review of the decision pursuant to C.R.S. § 24-50-1115(1) and in accordance with the

State Administrative Procedure Act.

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