Appealing a Decision/Appearing Before the OAC
When a state agency, a county department or the agency's designee makes a decision that adversely impacts an applicant or recipient of public assistance, the applicant/recipient has a right to appeal that decision with the Office of Administrative Courts (OAC). To do so, the appellant must submit a writen request for a hearing to the OAC within the designated appeal deadline.
Once the matter has been set for hearing, the appellant will receive notice of the hearing. The appellant may represent himself or herself at the hearing. This is known as appearing pro se. The appellant may also be represented by an attorney. In appeals involving an application for or the receipt of public assistance, the appellant may also be represented by a non-attorney representative. In these cases, the appellant must designate in writing the name and address of the non-attorney he or she authorized to represent him or her at the hearing. For cases involving Medicaid, the Colorado Department of Health Care Policy and Financing requires that the appellant and his or her representative complete and sign a Non-Attorney Authorization form. The Non-Attorney Authorization form is used to ensure compliance with the Federal Health Insurance Portability and Accountability Act (HIPAA).
If the appellant is a minor child, the child's parent or legal guardian may initiate the appeal and reqpresent the child at the hearing. In the event the appellant is incapacitated or deceased the OAC requires written verification from the person requesting a hearing that the individual has the legal authority to reprent either the appellant or his or her estate. Such authority must be established by Powers of Attorney, Letters of Guardianship/Conservatorship and/or Letters Testament. These documents may be obtained by petitioning either the probate court or district court in the county where the incapacitated person resides.