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Office of Appeals Section

1575 Sherman Street, 7th Floor

Denver, CO  80203-1714

303-866-5063

1-888-809-0247

(outside the metro area)

 

Fax:  303-866-4786

 

Welcome to the Colorado Department of Human Services, Office of Appeals (OOA).  The OOA unit serves as the Executive Director's designee for reviewing appeals and due process reviews involving County Department's adverse actions pursuant to the Colorado Administrative Procedures Act.

 

COLORADO ADMINISTRATIVE PROCEDURE ACT APPEALS

Appeals governed by the Colorado Administrative Procedure Act include appeals brought by applicant's, recipients, program participants, licensees and vendors who are challenging adverse decisions made by the State Department of Human Services, County Departments of Human/Social Services or agents of the State or County Departments.  The department programs that participate in the appelas process include:

  • Colorado Works
  • Adult Financial Assistance
  • Aid to the Needy Disabled
  • Aid to the Blind
  • Food Stamps
  • Low-Income Energy Assistance
  • Child Care
  • Child Abuse and Neglect reports
  • Subsidized Adoption
  • Foster Care and Day Care certification and licensing actions

 

DUE PROCESS REVIEWS

The OOA also conducts Due Process Reviews for the following program areas:

  • Food Stamp federal treasury offset appeals
  • Traumatic Brain Injury Program
  • Child Care Licensing Act audit appeals

 

Reviews of this nature occur under the following circumstances:

 

 

  1. The State Department choses to have a Due Process Review
  2. The statute requires or allows an appeal that is not governed by the Colorado Procedures Act.

 

 

The nature of the review varies depending on the structure established by the State Department program area's statutes and rules.  For some programs, the Office of Appeals provides a paper review; in other instances the Office of Appeals may, at its discretion, hold a hearing.

 

The Role of Office of Administrative Courts:

Appeals governed by the Colorado Administrative Procedures Act involve a review or hearing before an Administrative Law Judge (ALJ) at the Department of Personnel and Administration, Office of Administrative Courts.  The ALJ prepares an Initial Decision based upon the evidence and review of documents in the program's case file and applicable laws.  The Initial Decision and case file is then sent to the Office of Appeals for review and final determination regarding the case.

 

The Role of the Office of Appeals:

the Office of Appeals (OOA) reviews the Initial Decision to ensure that the Administrative Law Judge'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 OOA will also review any Exceptions filed by the parties.  Exceptions provide the Office of Appeals with an explanation as to why the parties have good cause to challenge the ALJ's decision.

 

After reviewing the complete file, the OOA will affirm, modify, or reverse the Initial Decision.  The OOA 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 offical and final action of the State Department of Human Services, which concludes the administrative hearing process.

 

Implementing the Final Agency Decision:

The State Department, County Department, or its agent is responsible for implementing the Final Agency Decision in compliance with State Department rules.  Action taken by the County Department or State Department to implement the Final Agency Decision is not subject to further administrative appeal unless a new adverse action occurs.

 

 

Useful Links:

Office of Aministrative Courts

Colorado Revised Statutes

Colorado Department of Human Services - Main Page