# 7 CCR 1107-9: REGULATIONS CONCERNING APPEALS

> Colorado · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_9

## Section

- **Citation:** 7 CCR 1107-9
- **Heading:** REGULATIONS CONCERNING APPEALS
- **Jurisdiction:** Colorado
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Colorado Regulations / 1100 Department of Labor and Employment / 1107 Division of Family and Medical Leave Insurance / 7 CCR 1107-9

## Text

1
DEPARTMENT OF LABOR AND EMPLOYMENT
Division of Family and Medical Leave Insurance
REGULATIONS CONCERNING APPEALS
7 CCR 1107-9
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
9.1
Statement of Authority, Purpose, and Incorporation by Reference
1.
This regulation is adopted pursuant to the authority in section C.R.S. § 8-13.3-501 et seq., and is
intended to be consistent with the requirements of the State Administrative Procedures Act,
C.R.S. § 24-4-101 et seq. (the “APA”), and the Paid Family and Medical Leave Insurance Act,
C.R.S. § 8-13.3-501 through 524 (the “FAMLI Act”).
2.
The general purpose of these rules is to exercise authority of the Colorado Department of Labor
and Employment’s FAMLI Division (the “Division”) to enforce and implement the Paid Family and
Medical Leave Insurance Act (C.R.S. § 8-13.3-501 et seq.) with regard to administrative
determinations and hearing appeals.
3.
If any part of these rules is held invalid, the remainder shall remain valid, and if any part is held
not wholly invalid, but in need of narrowing, it will be retained in narrowed form.
9.2
Definitions
1.
Unless otherwise indicated, terms used here that are defined in the FAMLI Act have the same
definition as they do under the FAMLI Act.
2.
“Administrative Decision” means a written decision made by the Division’s administrative staff
other than the hearings officers.
3.
“Appeal” means a written statement challenging any part of a determination and submitted to the
Appeals Unit for review by a FAMLI hearing officer after internal review has occurred, if required
by statute or State regulation.
4.
“Appellant” means the party making the request for a FAMLI hearing officer to review a
determination or reconsideration, as those terms are defined in this Rule.
5.
“Authorized representative” has the same meaning as 7 CCR 1107-8, Section 8.2.2.
6
d submitted to the
Appeals Unit for review by a FAMLI hearing officer after internal review has occurred, if required
by statute or State regulation.
4.
“Appellant” means the party making the request for a FAMLI hearing officer to review a
determination or reconsideration, as those terms are defined in this Rule.
5.
“Authorized representative” has the same meaning as 7 CCR 1107-8, Section 8.2.2.
6.
“Claimant” means a person who has filed a FAMLI Claim, regardless of whether the person is a
covered individual pursuant to C.R.S. § 8-13.3-503(3). If that person has a “designated
representative,” as defined in 7 CCR 1107-3, Section 3.2.10, the designated representative is
subject to the same deadlines and obligations as the claimant with regard to these regulations.
7.
“Correct address” has the same meaning as 7 CCR 1107-8, Section 8.2.6.

Code of Colorado Regulations
Secretary of State
State of Colorado

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8.
“Determination” means an administrative decision or a private plan decision that is designated as
a “determination” or is a written decision that adversely affects the rights of parties if it, by
example only, (1) explicitly or effectively approves or denies all or part of a FAMLI Claim, or
changes the status of a FAMLI premiums account, (2) imposes fines, fees, penalties, or any other
monetary liability, (3) identifies an overpayment or requires repayment of benefits, or denies a
request to waive an overpayment, (4) awards damages, or other remedies, (5) denies or grants
all or part of the relief requested in an accepted grievance, investigation, or complaint, or (6)
withdraws the approval of a private plan or finds that a private plan committed a violation of the
FAMLI Act or its implementing regulations. “Determination” includes a Division assessment of
premiums
denies a
request to waive an overpayment, (4) awards damages, or other remedies, (5) denies or grants
all or part of the relief requested in an accepted grievance, investigation, or complaint, or (6)
withdraws the approval of a private plan or finds that a private plan committed a violation of the
FAMLI Act or its implementing regulations. “Determination” includes a Division assessment of
premiums. “Determination” does not include a Division notice that only informs a claimant or
applicant that an application is incomplete or requests additional information.
9.
“Division” means the Paid Family and Medical Leave Insurance Division of the Department of
Labor and Employment created pursuant to C.R.S. § 8-13.3-508.
10.
“Documents” means any designated documents or electronically stored information — including
writings, drawings, graphs, charts, photographs, sound recordings, images, computer
screenshots, and other data or data compilations — stored in any medium from which information
can be obtained either directly, or any designated tangible things.
11.
“FAMLI Appeals Unit” or “Appeals Unit” means the work unit presently within the Policy and
Appeals Branch of the FAMLI Division, authorized to resolve appeals of determinations and
reconsiderations.
12.
“FAMLI Claim” means a claim for “benefits” and “paid family and medical leave” as those terms
are defined under the FAMLI Act, C.R.S. § 8-13.3-501 et seq.
13.
“Good cause” has the same meaning as 7 CCR 1107-3, Section 3.2.11.
14.
“Hearing officer” includes an administrative law judge within the Appeals Unit.
15.
“Parties of record” means the appellant, the Division, parties listed on a notice of hearing, and any
person added as a party by a hearing officer after a notice of hearing is issued.
16.
“Party” means a person explicitly identified as a “party” in these rules or who has a right or a
legally cognizable interest potentially affected by the outcome of an appeal
law judge within the Appeals Unit.
15.
“Parties of record” means the appellant, the Division, parties listed on a notice of hearing, and any
person added as a party by a hearing officer after a notice of hearing is issued.
16.
“Party” means a person explicitly identified as a “party” in these rules or who has a right or a
legally cognizable interest potentially affected by the outcome of an appeal. The Division is a
party to any appeal of Division determinations filed with the Appeals Unit, and more than one
person may attend appeal proceedings as “the Division.” A “private plan administrator,” as
defined in 7 CCR 1107-5, is a party to any appeal involving a private plan.
17.
“Person” includes natural persons and entities with a recognized legal status in Colorado.
18.
“Reconsideration” is a decision that replaces a prior Division-issued determination following an
internal review process.
9.3
Filing Appeals of Determinations
1.
Any party adversely affected by a determination may appeal it to the Appeals Unit. Where
required by statute or State regulation, a party must request a reconsideration by the Division
before filing an appeal.

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2.
The Division does not have jurisdiction over any matter that has been adjudicated or is currently
being adjudicated by the court system or by another government administrative body having
jurisdiction over such matter. If a party has filed a civil action in a court of competent jurisdiction
pertaining to the same subject matter as a determination previously issued by the Division, the
Appeals Unit will dismiss the appeal of that determination.
3
matter that has been adjudicated or is currently
being adjudicated by the court system or by another government administrative body having
jurisdiction over such matter. If a party has filed a civil action in a court of competent jurisdiction
pertaining to the same subject matter as a determination previously issued by the Division, the
Appeals Unit will dismiss the appeal of that determination.
3.
An appeal is procedurally valid only if it: (a) is timely filed with the Appeals Unit; (b) includes a
copy of the determination or reconsideration at issue or sufficiently identifies the determination or
reconsideration appealed and the date of issuance; and (c) has been signed or electronically
verified by the party or the party's authorized representative.
4.
The Appeals Unit will only consider appeals filed within forty-nine (49) days of the date the
Division issued the determination or reconsideration in question unless an extension of time is
granted consistent with Rule 9.3.7.
5.
A document is considered “filed” with the Appeals Unit when the appeal is properly sent by U.S.
first class mail or via an Appeals Unit-approved electronic filing system. Any appeal to the
Appeals Unit sent after 11:59 p.m. (Mountain Time Zone) is considered filed the next business
day.
6.
An appeal to the Appeals Unit is considered “signed,” or to have a “signature,” if it has either an
ink signature, a scanned signature, an electronically drawn or generated signature, a unique mark
belonging to a specific person, a typed name entered by the party or authorized representative in
the signature area, or a completed electronic attestation.
7.
Unless otherwise specified, “day” means calendar day. Deadlines in this rule may be extended up
to a maximum of forty-nine (49) days for good cause. If a deadline falls on a weekend or State
holiday, the deadline shall become the next business day.
9.4
Preliminary Issues for Filed Appeals
1
d by the party or authorized representative in
the signature area, or a completed electronic attestation.
7.
Unless otherwise specified, “day” means calendar day. Deadlines in this rule may be extended up
to a maximum of forty-nine (49) days for good cause. If a deadline falls on a weekend or State
holiday, the deadline shall become the next business day.
9.4
Preliminary Issues for Filed Appeals
1.
Upon receiving an appeal, the Appeals Unit will determine as soon as practicable whether the
appeal meets the requirements for a procedurally valid appeal. If the appeal is not procedurally
valid, including if the appeal is untimely, the Appeals Unit will send a notice of the procedural
deficiency and an order to show cause providing the appellant seven (7) days to respond. The
Appeals Unit can take any action it deems appropriate to address the deficiency, including
dismissal of an untimely appeal. For good cause, the Appeals Unit may grant an extension of
time not exceeding fourteen (14) days for a response to the notice of deficiency.
2.
Once an appeal is determined to be procedurally valid, the Appeals Unit will send a notice to the
appellant and the Division that the appeal has been accepted. The notice of acceptance will also
be sent to any person that has received a notice of a determination or claim that is the subject of
an appeal. The Appeals Unit will assign a hearing officer who will oversee the manner in which
the appeal will be handled, including scheduling and sending a notice of any necessary
proceedings. A hearing, if necessary, will be scheduled to occur within thirty-five (35) days after
an appeal is accepted as procedurally valid unless an extension of time is granted consistent with
Rule 9.3.7. The filing of an appeal will not suspend or terminate a FAMLI Claim award unless and
until a hearing officer modifies or overturns a determination at issue in an appeal.

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n thirty-five (35) days after
an appeal is accepted as procedurally valid unless an extension of time is granted consistent with
Rule 9.3.7. The filing of an appeal will not suspend or terminate a FAMLI Claim award unless and
until a hearing officer modifies or overturns a determination at issue in an appeal.

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3.
Upon a request by a party of record or the hearing officer’s own initiative, the hearing officer may
convene a prehearing conference to discuss the issues on appeal, questions related to party
status, the evidence to be presented, requests for language interpretation or other reasonable
accommodations, and any other relevant matters that may simplify the proceedings, including
resolving issues without a hearing if the material facts are undisputed. Genuine disputes of any
material fact must be resolved at an evidentiary hearing or by stipulation of all the parties of
record.
4.
Motions to disqualify a hearing officer must be made and addressed at the earliest opportunity
consistent with the provisions of C.R.S. § 24-4-105(3), including the requirement of a good faith
affidavit explaining the alleged disqualifying reasons. An unreasonable delay in requesting a
disqualification can be considered a waiver of any objection to the assignment of an appeal to a
hearing officer. Previous adverse rulings will not be considered as a valid basis for
disqualification. A hearing officer may recuse themselves in a manner consistent with C.R.S. §
24-4-105(3).
9.5
Discovery, Subpoenas, and Evidence for Hearings
1.
Within seven (7) days after the parties have been notified that an appeal has been accepted and
assigned to a hearing officer for review, the Division or private plan shall file with the Appeals Unit
an initial disclosure of information and/or documents supporting the determination at issue unless
such evidence cannot be sent to a party consistent with C.R.S. § 8-13.3-516 and 7 CCR 1107-3,
Section 3.8.10
seven (7) days after the parties have been notified that an appeal has been accepted and
assigned to a hearing officer for review, the Division or private plan shall file with the Appeals Unit
an initial disclosure of information and/or documents supporting the determination at issue unless
such evidence cannot be sent to a party consistent with C.R.S. § 8-13.3-516 and 7 CCR 1107-3,
Section 3.8.10. Failure to timely provide such disclosure may result in the hearing officer taking
remedial action under Rule 9.6.1. Confidential documents and information shall not lose any
protections from disclosure solely because an appeal was filed. The hearing officer may take any
action the hearing officer deems necessary to ensure confidentiality consistent with C.R.S. § 8-
13.3-516 and 7 CCR 1107-3.
2.
Evidence to be presented at a hearing must be submitted to the hearing officer and all other
parties of record at least ten (10) days before the hearing begins or as otherwise directed by the
hearing officer.
3.
Whenever a party files any other documents with the Appeals Unit, the party must also provide
the documents simultaneously to all parties of record. Failure to timely provide documents to all
other parties of record may be grounds for the hearing officer to limit issues or the presentation of
evidence or both as determined by the hearing officer’s sound discretion in the totality of
circumstances. Only parties of record and their authorized representatives shall have the right to
access documents submitted for that appeal, subject to the confidentiality requirements
referenced in Rule 9.5.1. Parties are responsible to provide relevant documents to their own
witnesses.
4.
No party may seek discovery, including an order for production of documents or evidence from a
party opponent, without approval from the hearing officer and only upon a clear showing that the
discovery is appropriate and necessary
d for that appeal, subject to the confidentiality requirements
referenced in Rule 9.5.1. Parties are responsible to provide relevant documents to their own
witnesses.
4.
No party may seek discovery, including an order for production of documents or evidence from a
party opponent, without approval from the hearing officer and only upon a clear showing that the
discovery is appropriate and necessary. To establish a clear showing, the party seeking discovery
must (1) present sufficient evidence of a legitimate dispute of a material fact and (2) clearly
articulate the need for and appropriateness of the requested discovery to resolve the factual
dispute.
5.
The hearing officer shall have the power to issue, on the request of a party, subpoenas to compel
the attendance of witnesses or the production of documents deemed appropriate and necessary
to resolve the pending appeal. The requesting party is responsible for service of process served
by a non-interested party and subject to the requirements of C.R.C.P. Rule 45.
6.
If a party or witness fails to obey a subpoena issued by the hearing officer, a party may apply to
any district court of this state to order compliance with the subpoena. The court may exercise its
power to issue a contempt citation to a person who fails to obey the order.

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9.6
Hearings
1.
The hearing officer shall have the power and authority to schedule, preside at, conduct hearings,
and ensure the appeal process is fair to all parties on a case-by-case basis. Hearings will be
conducted virtually with internet and telephone access
on to a person who fails to obey the order.

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9.6
Hearings
1.
The hearing officer shall have the power and authority to schedule, preside at, conduct hearings,
and ensure the appeal process is fair to all parties on a case-by-case basis. Hearings will be
conducted virtually with internet and telephone access. The hearing officer has the power to
administer oaths and affirmations, take depositions, certify to official acts, issue procedural
orders, preclude or limit evidence or legal arguments as a reasonable remedy or sanction for a
party’s willful non-compliance, and to take any other reasonable steps the hearing officer deems
necessary to resolve the pending appeal and control the hearing.
2.
The hearing officer shall not communicate with a party unless all parties are present or
simultaneously receive the hearing officer’s verbal or written communication. If such a
communication occurs, the hearing officer shall immediately disclose it to all parties.
3.
Hearings shall be conducted informally with as few technical requirements as possible. Only
parties of record to the appeal, and authorized representatives, may participate in hearings and
other appeal proceedings, and present evidence, including calling witnesses. The hearing officer
shall control the evidence taken during a hearing in a manner consistent with the due process
rights of all the parties and to provide a fair hearing.
4.
A hearing officer may make a finding of fact based on hearsay evidence only if it is reliable,
trustworthy, and probative. When deciding whether to accept hearsay as evidence, the hearing
officer may consider some or all of the following non-exclusive factors:
A.
Whether the statement was written and signed;
B.
Whether the statement was sworn to by the declarant;
C.
Whether the declarant was a disinterested witness or had a potential bias;
D.
Whether the hearsay statement is denied or contradicted by other evidence;
E
When deciding whether to accept hearsay as evidence, the hearing
officer may consider some or all of the following non-exclusive factors:
A.
Whether the statement was written and signed;
B.
Whether the statement was sworn to by the declarant;
C.
Whether the declarant was a disinterested witness or had a potential bias;
D.
Whether the hearsay statement is denied or contradicted by other evidence;
E.
Whether the declarant is credible;
F.
Whether there is corroboration for the hearsay statement;
G.
Whether the case turns on the credibility of the witnesses;
H.
Whether the party relying on the hearsay offers an adequate explanation for the failure to
call the declarant to testify; and
I.
Whether the party against whom the hearsay is used had access to the statements prior
to the hearing or the opportunity to subpoena the declarant.
5.
The hearing officer must preside impartially over administrative proceedings and hearings. The
hearing officer may provide limited procedural guidance to parties so long as the hearing officer
does not become an advocate for any of the parties.

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6.
Parties of record are entitled to at least fourteen (14) days advance notice of any hearing where
parties will offer witness testimony and/or documentary evidence (an “evidentiary hearing”), and
advance notice of the issues that may be considered at an evidentiary hearing according to the
schedule ordered by the hearing officer. In setting an evidentiary hearing date, the hearing officer
shall ensure that the parties of record have had reasonably sufficient opportunity to submit
exhibits and prepare for hearing. Upon mutual agreement of all the parties, the hearing officer can
set an evidentiary hearing to occur with less than fourteen (14) days notice
iary hearing according to the
schedule ordered by the hearing officer. In setting an evidentiary hearing date, the hearing officer
shall ensure that the parties of record have had reasonably sufficient opportunity to submit
exhibits and prepare for hearing. Upon mutual agreement of all the parties, the hearing officer can
set an evidentiary hearing to occur with less than fourteen (14) days notice. The hearing officer
shall not permit a party of record to present evidence on issues at a hearing that have not been
disclosed to all other parties of record before the hearing except to prevent obvious injustice. The
hearing officer has reasonable discretion to control the administrative proceedings and ensure
that the parties of record receive a fair hearing, including postponing hearings and granting
additional time to the parties of record where appropriate.
7.
Only the hearing officer is authorized to record appeal proceedings, and that recording shall be
the official recording of the proceeding. A transcription of the recording may also be made by the
Appeals Unit if the hearing officer’s decision is appealed to the District Court. All testimony at a
hearing or other proceeding must be recorded by the Appeals Unit and provided to a party upon
the party’s request.
9.7
Appeal Decisions and Burdens of Proof
1.
After conducting appeal proceedings as necessary, the hearing officer shall decide each
relevant issue properly raised during the proceedings and necessary to resolve the
appeal. The hearing officer shall issue a written decision based solely on the evidence
presented during the hearing and include findings of fact, conclusions of law, and an
order. In deciding disputed issues of fact, the hearing officer shall not give deference to
the Division’s factual determinations except where otherwise provided in rule
ised during the proceedings and necessary to resolve the
appeal. The hearing officer shall issue a written decision based solely on the evidence
presented during the hearing and include findings of fact, conclusions of law, and an
order. In deciding disputed issues of fact, the hearing officer shall not give deference to
the Division’s factual determinations except where otherwise provided in rule. In deciding
disputed issues of law, the hearing officer shall adhere to the plain language of both the
Division’s regulations and the Division’s interpretations of the FAMLI Act and its
implementing regulations that it has published on its website as a formal interpretation or
has adopted as a statement of basis and purpose for a regulation in accordance with the
Colorado Administrative Procedures Act. The hearing officer shall not conclude that a
rule adopted by the Division is outside of the Division’s statutory or constitutional
authority.
2.
Unless stated otherwise in rule, the burden of proof before the Appeals Unit is “by a
preponderance of the evidence.”
A.
The burden of proof rests with:
1.
The party seeking to overturn or change a Division or private plan
decision on a FAMLI claim award, or
2.
The party seeking damages, the imposition of a fine, disqualification,
penalty, fee or interest, or
3.
The party seeking any other relief.
B.
Where the Division proves the grounds for imposing monetary fines, penalties, or
fees on a party, the amount of such fines, penalties, or fees shall be overturned
or modified only if the party proves that the Division abused its discretion.
C.
Determinations resulting from the Division’s discretion in accordance with the
FAMLI Act and its implementing regulations shall be overturned or modified only
if the party proves that the Division abused its discretion.

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verturned
or modified only if the party proves that the Division abused its discretion.
C.
Determinations resulting from the Division’s discretion in accordance with the
FAMLI Act and its implementing regulations shall be overturned or modified only
if the party proves that the Division abused its discretion.

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3.
The hearing officer’s decision shall be made as soon as practicable after a hearing and
constitutes a final agency action pursuant to C.R.S. § 24-4-106. The decision shall be
binding on the Division unless it is withdrawn by a hearing officer, postponed pursuant to
C.R.S. § 24-4-106(5), overturned by a court, or made obsolete by a statute or rule
amendment. The Appeals Unit shall promptly serve a copy of the hearing officer’s
decision to each party of record.
4.
The hearing officer will issue written decisions in compliance with C.R.S. § 8-13.3-516
and will not disclose protected health information, the reason for leave, and wage
replacement benefit amounts beyond the information necessarily and appropriately
disclosed to the parties during an appeal proceeding.
5.
Any party of record in the administrative proceeding may appeal the hearing officer’s
decision only by commencing an action for judicial review in a district court of competent
jurisdiction within thirty-five (35) days after the date the decision was served to the party.
Judicial review is limited to appeal briefs and the record designated on appeal.
6.
If the Division or a court reverses or modifies a denial of a FAMLI claim, the Division or
private plan will pay the benefits as soon as practicable but no later than five (5) business
days after the order awarding benefits.
7.
A hearing officer, on their own initiative or the motion of a party, may reconsider a
decision within fourteen (14) days of issuance when it appears that a clear procedural or
substantive error has been made or that obvious injustice would result
the Division or
private plan will pay the benefits as soon as practicable but no later than five (5) business
days after the order awarding benefits.
7.
A hearing officer, on their own initiative or the motion of a party, may reconsider a
decision within fourteen (14) days of issuance when it appears that a clear procedural or
substantive error has been made or that obvious injustice would result.
9.8
Withdrawal and Dismissal of Appeals
1.
If the party that filed the appeal does not participate in the appeal proceedings, the appeal may
be dismissed if the hearing officers deems the appeal abandoned.
2.
The appellant may request to withdraw their appeal at any time, and such request will be granted
if no party files a meritorious objection. If the appellant withdraws their appeal, they may not
appeal the determination again unless the appellant demonstrates that denying the right to
appeal will result in an obvious injustice in light of the totality of circumstances. If the appellant
withdraws their appeal during the hearing, the hearing officer shall inform the appellant that
withdrawal of their appeal will render the determination final.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_9. Check the current official text before relying on it. Not legal advice.