(1) The following procedures and limitations shall apply to all appeals taken pursuant to this article:
Any party may petition for review of a deputy's decision by filing a petition thereforwith the division within twenty calendar days after the date of notification of such decision.
Notification of the decision shall be by personal delivery of the decision to an interested party or by mailing a copy of the decision to the last-known address shown in the division records of an interested party and to the interested party's attorney or representative of record, if any, or by electronic means. The date of notification shall be the date of personal delivery, the date of transmission as recorded by the division, if notification is made by electronic means, or the date of mailing of a decision.
Unless, within twenty calendar days after the date of notification of a deputy's decision, an interested party petitions for review of such decision, the decision shall be final. Petitions for review may be accepted out of time only for good cause shown and in accordance with rules adopted by the director of the division.
The division shall give written notice to all interested parties when a petition forreview is filed. Such notice shall be pursuant to regulations adopted by the director of the division.
Pursuant to section 8-72-107, each interested party shall be given such reasonableaccess to division records concerning the claim as is necessary for proper presentation of his position concerning the claim.
Any interested party to an appeal from a deputy's decision shall be entitled to a hearing before a hearing officer. All interested parties shall have the right to be present or to be represented by an attorney or other representative at the hearing, to present such testimony and evidence as may be pertinent to the claim, and to cross-examine witnesses. The division, pursuant to regulations adopted by the director of the division, shall notify all interested parties of the hearing. Such notification shall be made not less than ten calendar days prior to the hearing.
(I) The manner in which disputed claims shall be presented, the reports required frominterested parties, and the conduct of hearings shall be in accordance with the provisions of this article and the regulations prescribed by the director of the division, whether or not such regulations conform to common law or statutory or regulatory rules of evidence or other technical rules of procedure.
Evidence and requirements of proof shall conform, to the extent practicable, withthose in civil nonjury cases in the district courts of this state. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceeding, the person conducting the hearing may receive and consider evidence not admissible under such rules, if such evidence possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The person conducting a hearing shall give effect to the rules of privilege recognized by law. He may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available; but, upon request, the party shall be given an opportunity to compare the copy with the original. The division may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented. The provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S., and particularly sections 24-4-105 and 24-4-106, C.R.S., shall not apply to hearings and court review under this article. However, the rule-making provisions of section 24-4-103, C.R.S., shall apply to this article.
When the same or substantially similar evidence is relevant and material to thematters at issue in claims by more than one individual or in claims by a single individual with respect to two or more weeks of unemployment, the same time and place for considering each such claim may be fixed, hearings thereon may be jointly conducted, a single record of the proceedings may be made, and evidence introduced with respect to one proceeding may be considered as introduced in the others, if, in the judgment of the tribunal having jurisdiction over the proceeding, such consolidation would not be prejudicial to any interested party.
No person shall participate on behalf of the division in any case in which he has adirect or indirect interest.
A full and complete record shall be kept of all proceedings in connection with adisputed claim. All testimony at any hearing upon a disputed claim shall be recorded but need not be transcribed unless the disputed claim is presented for further review. If necessary, the industrial claim appeals panel may listen to the recorded testimony of a hearing on a disputed claim prior to rendering a decision. If review is sought pursuant to section 8-74-107, the division shall transcribe the testimony pursuant to such regulations as the director of the division may prescribe.
(g) Repealed.
Source: L. 76: Entire article R&RE, p. 356, § 1, effective October 1. L. 79: (1)(e) amended and (1)(g) repealed, pp. 352, 356, §§ 17, 25, effective September 30. L. 81: (1)(a) and
(1)(b) amended, p. 485, § 10, effective July 1. L. 86: (1)(a), (1)(b), (1)(c), (1)(e), (1)(f)(I),
(1)(f)(II), (1)(f)(IV), and (1)(f)(V) amended, p. 490, § 95, effective July 1. L. 96: (1)(a) and (1)(b) amended, p. 383, § 9, effective April 17. L. 2002: (1)(a) amended, p. 337, § 4, effective April 19. L. 2007: (1)(a) and (1)(b) amended, p. 804, § 6, effective August 3.
Editor's note: This section is similar to former §§ 8-74-102, 8-74-104, 8-74-106, and 874-107 as they existed prior to 1976.