3.1 A first time Applicant or Applicant seeking to reapply for Public Benefits on or after August 1, 2006, may demonstrate lawful presence by executing both the affidavit required in §24-76.5-103(4)(b) C.R.S. and by executing a Request for Waiver. The Request form, seeking a determination of lawful presence by the Department, may be completed by the Applicant or the Applicant's representative. The Request for Waiver must be accompanied by all documents that Applicant is then able to produce to verify name and proof of lawful presence. The Request for Waiver may be filed in person, by mail, or on-line.
3.1.1 Benefit Agencies shall refer those Applicants who do not have any identification documents listed in Sections 2.1, 2.1.3, or 2.1.4 to the Department to request a waiver.
3.1.2 Upon receipt of a Request for Waiver, the Department will verify lawful presence of the Applicant.
3.1.3 The Department shall make a decision approving or denying a waiver within one business day of receipt of the response from federal databases or other verifying entities. Information as to the waiver decision shall be made available to the benefit agency, if known.
3.1.4 The following constitute reasons for denial of a waiver:
220.127.116.11 The SAVE verification fails to clear the Applicant
18.104.22.168 The documents presented by the Applicant cause the Department to reasonably believe that the documents have been tampered with, altered or are not otherwise genuine, or
22.214.171.124 The statements and/or documents provided by the Applicant are inconsistent and the Applicant is unable to reasonably explain the inconsistencies.
3.1.5 The referring Benefit Agency is responsible for verifying that the Applicant is the same individual indicated as the person who is requesting the waiver.
3.1.6 Waivers are assumed to be permanent, but may be rescinded and cancelled if, at any time, the Department becomes aware of the Applicant's violation of immigration laws. Upon making a decision to rescind and cancel a waiver, the Department will notify the Applicant and the appropriate County Department of Human Services.
126.96.36.199 Individuals whose waivers are rescinded and cancelled shall have the right to appeal such decision by the Department. Individuals may appeal by requesting a hearing within thirty days of the waiver being rescinded or cancelled by making a written request for hearing to the Hearings Section of the Department at 1881 Pierce St. #106, Lakewood, CO 80214.
188.8.131.52 The Hearings Section shall hold the hearing in accordance the provisions of the State Administrative Procedure Act and the provisions of Title 42 of the Colorado Revised Statutes.
184.108.40.206 The only issue at hearing shall be whether the applicant has violated immigration laws.
220.127.116.11 The hearing officer shall issue a written decision within fifteen (15) business days of the completion of the hearing, and shall constitute final agency action, and is subject to judicial review as provided by §24-4-106, C.R.S.
3.1.7 Waivers issued by the Department since August 1, 2006, but prior to approval of this rule, will continue in effect unless otherwise rescinded or cancelled by the Department, as authorized in Section 3.1.6.