# C.R.S. § 26-3.1-108: 26-3.1-108. Notice of report - appeals - rules

> Colorado · Statutes · Repealed

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-108

## Section

- **Citation:** C.R.S. § 26-3.1-108
- **Heading:** 26-3.1-108. Notice of report - appeals - rules
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** Repealed
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 26 / Article 3.1 / Part 1 / Section 26-3.1-108

## Text

26-3.1-108. Notice of report - appeals - rules. (1) The state department shall promulgate appropriate rules for the implementation of this article 3.1.

(2) In addition to rules promulgated pursuant to subsection (1) of this section, the state department shall promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. At a minimum, the rules promulgated pursuant to this subsection (2) must address the following:

(a) The process by which a person who is substantiated in a case of mistreatment of an at-risk adult receives adequate and timely written notice from the county department of that finding and of his or her right to appeal the finding to the state department;

(b) The effective date of the notification of finding and appeal process;

(c) A requirement for and procedures to facilitate the expungement of and prevention of the release of any information contained in CAPS records for purposes of a CAPS check related to a person who is substantiated in a case of mistreatment of an at-risk adult that existed prior to July 1, 2018; except that the state department and county departments may maintain such information in CAPS to assist in future risk and safety assessments.

(d) The timeline and process for appealing the finding of a substantiated case of mistreatment of an at-risk adult;

(e) Designation of the entity other than the county department with the authority to accept and respond to an appeal by a person substantiated in a case of mistreatment of an at-risk adult at each stage of the appellate process;

(f) The legal standards involved in the appellate process and a designation of the party who bears the burden of establishing that each standard is met;

(g) The confidentiality requirements of the appeals process; and

(h) The process to share information about an appeal, including the appeal outcome with a health oversight agency, as defined in 42 CFR 164.501, within the department of regulatory agencies or a regulator, as defined in section 12-20-102 (14), within such a health oversight agency, if the health oversight agency or its regulator requests information about an appeal for the purpose of a regulatory investigation conducted pursuant to section 12-20-401. Appeal information shared pursuant to this subsection (2)(h) is confidential and must be used only for the regulatory investigation.

(3) Repealed.

## Nearby sections

- [C.R.S. § 26-3.1-101 26-3.1-101. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-101.md)
- [C.R.S. § 26-3.1-102 26-3.1-102. Reporting requirements](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-102.md)
- [C.R.S. § 26-3.1-103 26-3.1-103. Evaluations - investigations - training - exception for counties participating i](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-103.md)
- [C.R.S. § 26-3.1-103.3 26-3.1-103.3. Alternative response pilot program for the provision of protective services for](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-103.3.md)
- [C.R.S. § 26-3.1-104 26-3.1-104. Provision of protective services for at-risk adults - consent - nonconsent - lea](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-104.md)
- [C.R.S. § 26-3.1-105 26-3.1-105. Prior consent form](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-105.md)
- [C.R.S. § 26-3.1-106 26-3.1-106. Training](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-106.md)
- [C.R.S. § 26-3.1-107 26-3.1-107. Background check - adult protective services data system check](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-107.md)
- [C.R.S. § 26-3.1-108 26-3.1-108. Notice of report - appeals - rules](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-108.md)
- [C.R.S. § 26-3.1-109 26-3.1-109. Limitation](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-109.md)
- [C.R.S. § 26-3.1-110 26-3.1-110. Report concerning the implementation of mandatory reporting of elder abuse and e](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-110.md)
- [C.R.S. § 26-3.1-111 26-3.1-111. Access to CAPS - employment checks - conservatorship and guardianship checks - c](https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-111.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T26_A3.1_P1_S26-3.1-108. Check the current official text before relying on it. Not legal advice.