Appeals. [Editor's note: This section is effective upon proclamation of the governor for the votes cast November 3, 2020.]

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(1) The director shall establish a system for administrative review and determination of claims, and appeal of such determinations, including denial of family and medical leave insurance benefits. In establishing such system, the director may utilize any and all procedures and appeals mechanisms established under sections 8-4-111.5 (5), 8-74-102, and 8-74-103.

(2) Judicial review of any decision with respect to family and medical leave insurance benefits under this section is permitted in a court of competent jurisdiction after a covered individual aggrieved thereby has exhausted all administrative remedies established by the director. If a covered individual files a civil action in a court of competent jurisdiction to enforce a judgment made under this section, any filing fee under article 32 of title 13 shall be waived.

Source: Initiated 2020: Entire part added, Proposition 118, effective upon proclamation of the Governor.

Editor's note: This section was originally numbered as 18-13.3-412 in Proposition 118 but was renumbered on revision for ease of location.


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