DEATH BENEFITS FOR SEASONAL WILDLAND FIREFIGHTERS

1

DEPARTMENT OF PUBLIC SAFETY

Division of Fire Prevention and Control

DEATH BENEFITS FOR SEASONAL WILDLAND FIREFIGHTERS

8 CCR 1507-35

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

_________________________________________________________________________

Applicability

These rules and regulations govern the payment of lump-sum death benefits to survivors of seasonal

wildland firefighters who die while acting in the line of duty in Colorado.

Article 1 – Authority

1.1

The Director of the Division of Fire Prevention and Control is authorized by the provisions of

Section 24-33.5-1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division

of Fire Prevention and Control.

1.2

Pursuant to Section 24-33.5-1229, C.R.S. the Director of the Division of Fire Prevention and

Control is authorized to promulgate rules governing the payment of death benefits for seasonal

wildland firefighters who have died as the direct and proximate result of an injury sustained in the

line of duty in Colorado.

1.3

These rules are adopted consistent with the requirements of the State Administrative Procedure

Act, section 24-4-101 et seq. (the “APA”), C.R.S.

Article 2 – Definitions

2.1

The definitions provided in 24-33.5-1202, C.R.S., apply to these rules. The following definitions

also apply:

“Child” or “children” mean biological children, stepchildren, legally adopted children, and includes

children born posthumously.

“Director” means the Director of the Division of Fire Prevention and Control in the Department of Public

Safety.

“Division” or “DFPC” means the Division of Fire Prevention and Control in the Department of Public

Safety.

“Acting In the Line of Duty” means a seasonal wildland firefighter acting in the performance of his or

her duties if such duties are performed at the direction of, or with the knowledge of, a supervisor with the

regulating authority, or when immediate action is required during the course of fire suppression or

firefighting activities

Fire Prevention and Control in the Department of Public

Safety.

“Acting In the Line of Duty” means a seasonal wildland firefighter acting in the performance of his or

her duties if such duties are performed at the direction of, or with the knowledge of, a supervisor with the

regulating authority, or when immediate action is required during the course of fire suppression or

firefighting activities.

“Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of any

substance into the body.

Code of Colorado Regulations

Secretary of State

State of Colorado

CODE OF COLORADO REGULATIONS

8 CCR 1507-35

Division of Fire Prevention and Control

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Article 3 – Initiation of Review

3.1

Upon the death of a seasonal wildland firefighter acting in the line of duty, the supervisor of the

unit in which the firefighter was a member shall notify the Division of the death immediately via

the Notification of the Death of a Seasonal Wildland Firefighter form.

3.1.1

Upon receipt of Notification of the Death of a Seasonal Wildland Firefighter the Director

shall initiate a review of eligibility for the payment of death benefits.

3.2

Prior to receiving the notification, the Director may, at his or her own initiation, begin the process

of reviewing the eligibility for the payment of death benefits upon information and understanding

that a wildland firefighter has been killed acting in the line of duty.

Article 4 – Review of Eligibility

4.1

Upon the initiation of review, the Director shall make a determination of eligibility for the payment

of death benefits. The Director shall take into account all relevant information, including, but not

limited to:

4.1.1

The circumstances surrounding the death or catastrophic injury of the deceased,

including the cause of such death.

4.1.2

Whether the deceased was voluntarily intoxicated or under the influence of an illegal

substance.

4.1.3

Whether the deceased was engaged in intentional misconduct

f death benefits. The Director shall take into account all relevant information, including, but not

limited to:

4.1.1

The circumstances surrounding the death or catastrophic injury of the deceased,

including the cause of such death.

4.1.2

Whether the deceased was voluntarily intoxicated or under the influence of an illegal

substance.

4.1.3

Whether the deceased was engaged in intentional misconduct.

4.1.4

Whether the deceased was engaged in activities considered to be acting in the line of

duty.

4.2

The Director may review an autopsy or other informational report completed to aid in the

determination of eligibility and may coordinate with any investigating agency in the generation or

review of information.

4.3

The Director shall make such determination of eligibility within 30 business days of initiation of

review or 30 business days after receipt of all necessary information

Article 5 – Post-Employment Death

5.1

If a seasonal wildland firefighter dies after separation from services with the governing agency

body as described in 24-33.5-1229(2)(a), the unit supervisor, spouse, child, or designated

beneficiary may request that the Director make a determination of eligibility for the payment of

death benefits.

5.2

The Director may make an affirmative determination of eligibility for benefits if any injury

sustained in the line of duty is the direct or proximate cause of the death. The Director may

review any and all information available before making such eligibility determination.

Article 6 – Notice

6.1

The Division shall notify any prospective beneficiaries in writing within ten (10) calendar days of a

decision regarding eligibility. If the determination is negative, the notice shall:

6.1.1

Describe the reasons for the decision; and

CODE OF COLORADO REGULATIONS

8 CCR 1507-35

Division of Fire Prevention and Control

on available before making such eligibility determination.

Article 6 – Notice

6.1

The Division shall notify any prospective beneficiaries in writing within ten (10) calendar days of a

decision regarding eligibility. If the determination is negative, the notice shall:

6.1.1

Describe the reasons for the decision; and

CODE OF COLORADO REGULATIONS

8 CCR 1507-35

Division of Fire Prevention and Control

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6.1.2

Inform the prospective beneficiary of his or her rights and responsibilities regarding the

decision.

Article 7 – Payment

7.1

Upon an affirmative finding of eligibility by the Director, the Division shall issue to the designated

beneficiary or beneficiaries the lump-sum benefit according to the proportion described in 24-

33.5-1229(1), CRS or, if 24-33.5-1229(1), CRS does not apply, as indicated in the most recent

Designation of Beneficiary.

7.1.1

Any seasonal wildland firefighter may provide his or her hiring agency or authority with a

Designation of Beneficiary at any time.

7.1.2

If a conflict arises between the beneficiary or beneficiaries appointed in the decedents

Designation of Beneficiary and those described in the provisions of 24-33.5-1229(1),

CRS, the provisions of the statute will control.

Article 8 – Appeal of Eligibility Determination

8.1

Any aggrieved spouse, child, or designated beneficiary may appeal a negative determination of

eligibility by the Director.

8.2

Notice of such appeal must be submitted to the Division in writing and be received within 30 days

of the date of issuance of the notice of negative determination of eligibility.

8.2.1

The notice of appeal must contain the factual basis explaining why the determination was

incorrect.

8.3

The Director shall hold a hearing to review such appeal and take final action in accordance with

24-4-105, CRS. Final agency action shall be subject to judicial review pursuant to 24-4-106, CRS

d within 30 days

of the date of issuance of the notice of negative determination of eligibility.

8.2.1

The notice of appeal must contain the factual basis explaining why the determination was

incorrect.

8.3

The Director shall hold a hearing to review such appeal and take final action in accordance with

24-4-105, CRS. Final agency action shall be subject to judicial review pursuant to 24-4-106, CRS.

Article 9 – Severability

9.1

If any provision or application of these rules is held invalid, all other provisions and applications of

these rules will remain in effect.

Article 10 – Inquiries

10.1

All questions or requests for interpretation of these rules should be submitted in writing to the

Colorado Division of Fire Prevention and Control, Wildland Fire Section Chief at 690 Kipling St.,

Suite 2000, Lakewood, CO 80215.