Administrative Appeals
About the Administrative Appeals Unit
The Administrative Appeals Unit at the Colorado Department of Early Childhood (CDEC) serves as the CDEC Executive Director's designee for reviewing initial decisions when a CCCAP benefit recipient/applicant, child care facility licensee/applicant, or Local Coordinating Organization/applicant (LCO), appeals to an adverse action by CDEC or the counties that perform work on behalf of the State. The CDEC Administrative Appeals Unit issues Final Agency Decisions on behalf of the Executive Director.
Initial decisions are made by Administrative Law Judges (ALJs) in the Office of Administrative Courts (OAC).
More Information about Appeals and Exceptions
State Administrative Procedure Act/State-Level Appeals
Appeals governed by the State Administrative Procedure Act (APA) include appeals administered by CDEC. The Department programs that participate in this formal state-level appeals process include:
- CCCAP applicants or recipients
- Licensed child care facilities or applicants
- Local Coordinating Organizations (LCO) or applicants
Appeals are typically first heard before an Administrative Law Judge (ALJ) at the Department of Personnel and Administration, Office of Administrative Courts (OAC). The ALJ prepares an Initial Decision based upon the evidence, review of documents, and applicable laws. The Initial Decision and case file are then sent to the Administrative Appeals Unit for review and final determination regarding the case.
The Role of the CDEC Administrative Appeals Unit
The Administrative Appeals Unit reviews the Initial Decision to ensure that the ALJ’s Initial Decision is supported by the weight of the evidence and to ensure that the ALJ's decision complies with the federal and state laws, regulations, and rules. The Administrative Appeals Unit will also review any Exceptions filed by the parties.
After reviewing the complete file, the Administrative Appeals Unit will affirm, modify, or reverse the Initial Decision. The Administrative Appeals Unit also has the option to remand the matter by returning the case back to the ALJ for additional review and consideration when necessary. The Final Agency Decision serves as the official and final action of the State Department of Early Childhood, which concludes the administrative hearing process.
Implementing the Final Agency Decision
The state agency, county department, or its agent are responsible for implementing the Final Agency Decision in compliance with state agency rules. Action taken by the county department or state agency to implement the final agency decision is not subject to further administrative appeal unless a new adverse action occurs, however, in certain limited instances, a Reconsideration may be available.
Exceptions
The Administrative Appeals Unit will notify the parties that they may challenge the Initial Decision by filing Exceptions. Exceptions are written objections which state your disagreement with the Administrative Law Judge's decision. The Notice of Initial Decision will provide a specific due date for filing Exceptions (15 days plus 3 days for mailing from the day listed on the Notice of Initial Decision Certificate of Mailing).
In your Exceptions, tell the Administrative Appeals Unit what specific fact, rule or statute you disagree with and why. Written briefs which merely state support for the Initial Decision or a general dissatisfaction of the Initial Decision, will not be treated as Exceptions. The Administrative Appeals Unit cannot consider any arguments other than the issues raised in the appeal before the Administrative Law Judge. The Administrative Appeals Unit cannot consider new evidence, which with reasonable diligence could have been produced at the time of the hearing or review. The Administrative Appeals Unit cannot consider any challenge to the facts of your case unless a transcript and/or audio recording in lieu of a hearing transcript is provided. The Exceptions must be in writing and be filed with the Administrative Appeals Unit by the due date contained on the Notice of Initial Decision unless the Administrative Appeals Unit grants a request for an extension of the due date for filing Exceptions. Any Exceptions received by the Administrative Appeals Unit after the due date for filing Exceptions cannot be considered.
Exceptions can be filed by mailing to 710 South Ash St., Denver, CO 80246, by email at cdec_appeals@state.co.us, or Exceptions may be dropped off in person at the mailing address provided above. Any person hand delivering their Exceptions is advised that CDEC personnel receiving the hand-delivered document will only retrieve the document; CDEC personnel receiving the hand-delivered document cannot respond to questions about the appeal process.
If you have questions regarding any part of the appeals process, please contact the Administrative Appeals Unit at cdec_appeals@state.co.us.
Transcripts and Audio Recordings
Please learn more about transcripts and audio recordings.
To obtain the transcript or the audio recording, contact the Office of Administrative Courts:
Office of Administrative Courts
1525 Sherman St., 4th Fl.
Denver, CO 80203
303-866-2000
Where to file your exceptions and accompanying materials
Exceptions and the accompanying materials are to be filed with the Administrative Appeals Unit. You may email your exceptions at the following email address cdec_appeals@state.co.us. You also may send your exception by postal mail or hand deliver to the following address: 710 S. Ash St., Denver, CO, 80246. Documents filed with the Office of Administrative Courts will not be considered by the Administrative Appeals Unit unless it is clear that the document constitutes Exceptions to the Initial Decision and all of the following are met: the document is received at the Office of Administrative Courts by the due date for filing Exceptions and the document is received at the Administrative Appeals Unit prior to issuance of a Final Agency Decision.
| Term | Definition |
|---|---|
| Administrative Law Judge | A licensed attorney employed by the Department of Personnel and Administration, Office of Administrative Courts to conduct hearings and enter decisions resolving disputes between the State Department, County Department, or their agents, and persons whose rights or benefits are affected by an agency action. |
| Administrative Procedure Act | Title 24, Article 4 of the Colorado Revised Statutes. |
| Burden of Proof | The duty to prove the disputed facts and establish the claim or allegation. |
| Conclusions of Law | The part of the Initial Decision where the ALJ states his/her interpretation of applicable statutes or rules. |
| De Novo Hearing | A new hearing, where the ALJ considers the evidence without regard to decisions made earlier (e.g., local evidentiary hearing or conference.) Review of an ALJ's Initial Decision is not a de novo review, the Administrative Appeals Unit may not modify or reverse the ALJ's Initial Decision unless there were errors in law or fact. |
| Exceptions | Written arguments about why an Initial Decision is incorrect and should be reversed or modified by the Administrative Appeals Unit, or remanded back to the ALJ for a rehearing, further fact finding or reconsideration of the legal conclusions. |
| Ex Parte Communication | Information which is shared or communicated to the ALJ or Administrative Appeals Unit without the knowledge of other parties or opportunity for the other parties to participate or rebut the information. § 24-4-105(14) C.R.S. prohibits the ALJ and Administrative Appeals Unit from engaging in ex parte communications with any. The prohibition on ex parte communications is essential to maintaining impartiality and to assure that all of the parties are given a fair and equal opportunity to be heard. To ensure impartiality, the Administrative Appeals Unit cannot provide legal advice or discuss the specifics of a case, it can only speak with the parties about the Administrative Appeals Unit procedures |
| Final Agency Decision | The decision entered by the Administrative Appeals Unit, as the Executive Director's designee, which will affirm, reverse or modify the decision of the ALJ. The Final Agency Decision serves as the official and final action of the Colorado Department of Early Childhood and issuance of the Final Agency Decision concludes the administrative hearing process. To challenge a Final Agency Decision an individual must file suit in district court as mandated by the Colorado Administrative Procedure Act, Title 24, Article 4, of the Colorado Revised Statutes and/or file a motion for reconsideration. |
| Findings of Fact | The ALJ's statement of the facts of the case, as established by evidence (documents and testimony) entered at the hearing. The findings will usually reflect that one party's evidence on the factual issues was more persuasive than the other party's or the findings may show that a party with the burden of proof on an issue failed to introduce enough evidence to meet that burden. |
Good Cause | Good Cause includes, emergency conditions or circumstances beyond the control of the party seeking the modification such as, but not limited to, impossibility for a party to meet a specified deadline; incapacity of the party or representative; lack of proper notice of the availability of the appeal process; additional time required to obtain documents which were timely requested but not delivered; or other situations which would prevent a reasonable person from meeting a deadline or complying with the process without modification. Good cause does not include: excessive workload of either the party or his/her representative; a party obtaining legal representation in an untimely manner; failure to receive the Initial Decision when a party has failed to advise the Department Administrative Appeals Unit of a change of address or a correct address; or any other circumstance which was foreseeable or preventable. |
| Initial Decision | The written decision entered by an ALJ, usually after a hearing, which is subject to review by the Administrative Appeals Unit. Once an Initial Decision is entered, the ALJ no longer has jurisdiction to consider any further arguments or motions. Once the ALJ had entered an Initial Decision, jurisdiction transfers to the Administrative Appeals Unit. |
| Impermissible Evidence | Evidence or information that is not able to be reviewed by the Appeals Team when crafting the Final Agency Decision because considering it would be in violation of an applicable law or rule. |
| Jurisdiction | Authority to resolve an issue in dispute. |
| Party of Interest | Is the individual or individuals directly affected by the action (i.e., Appellant, Petitioner, Respondent), the individuals' designated representative or legal counsel, the County Department or its legal representative or authorized agent, the State Department, the relevant State Department program area or its legal representative or authorized agent. A party of interest does not include a physician or hospital, unless acting as the individual's representative, nor does it include a federal government agency. |
| The Record | The hearing record includes the request for hearing, motions and orders entered by the ALJ, notices sent by the Office of Administrative Courts, correspondence from the parties, and all documentary evidence admitted into evidence by the Appellant and agency representative as exhibits during the hearing in support of their positions. It generally includes application forms, case notes, eligibility documents, worksheets, and statements from employers or other collateral sources. Evidence is formally admitted into the record by the ALJ at the hearing, or after the hearing when the record is left open for filing additional documents. The Initial Decision and any written Exceptions, Responses to Exceptions, and transcripts (or audio recording) of the hearing filed with the Administrative Appeals Unit become part of the record after the hearing and will be part of the "state administrative record" certified to district court if judicial review is sought by the individual who filed the appeal. |
| Reasonable Diligence | A party made every reasonable effort to produce the evidence at the hearing and was without fault in the delay in submittal of the evidence |
| Response to Exceptions | Written arguments, which respond to issues raised or arguments made in an opposing party's Exceptions. |
| State Department Rules | An elaboration of state statute that requires or permits specific actions by the Department of Early Childhood and entities working on behalf of the Department. State rules are binding over applicants, recipients and the State or County Department or their agents only when the rules have been promulgated pursuant to Colorado Administrative Procedure Act (APA). State rules are published in the Code of Colorado Regulations and are available on the Secretary of State's website. |
| Transcript | A written version of the hearing that was recorded electronically by the ALJ. |