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PART XII

GOOD CAUSE

12.1 DETERMINATION OF GOOD CAUSE

12.1.1 Statutory References: 8-73-107 (1)(h), 8-73-108 (5)(e)(XVIII)(XIX), 8-74-102, 8-74-106, 8-76-110 (2)(g), 8-76-110 (4)(e), 8-76-113, and 8-79-104 (1)(d), C.R.S.

12.1.2 Purpose. The purpose of this part XII of the regulations is to provide procedures and substantive guidelines for the determination of good cause only when a particular section of the act or regulations other than this part XII of the regulations specifically permits an untimely action or excuses the failure to act as required for good cause shown.

12.1.3 Procedure. Whenever an interested party files an untimely appeal from a deputy’s decision, or whenever an appeal from a deputy’s decision has been dismissed because the appealing party has failed to appear for a scheduled hearing before a hearing officer and has requested that a new hearing be scheduled, the division shall determine if good cause has been shown for permitting the untimely appeal or excusing the failure to appear. Whenever an interested party files an untimely appeal from a hearing officer’s decision, or whenever an interested party failed to appear for a hearing held on an appeal from a deputy’s decision and has filed a request for a new hearing, the panel shall determine if good cause has been shown for permitting the untimely appeal or excusing the failure to appear. The division or the panel shall make a determination of good cause only if the untimely appeal or request for new hearing contains a statement of the reasons for which the party failed to act in a timely manner. The statement shall demonstrate the basis for a finding of good cause for permitting the untimely appeal or excusing the failure to appear at the hearing by stating the reasons therfor with supporting relevant facts. If the party’s untimely appeal or request for a new hearing does not contain such a statement, the division or the panel, as appropriate, shall notify the party that the untimely appeal or request for a new hearing shall not be accepted unless the party can show good cause for his or her failure to act as required, and the party shall have ten calendar days from the date of such notice to submit a written statement with the division or the panel, as appropriate.

12.1.4 Signing of Statement. All statements provided for the purpose of part XII of these regulations shall be written, signed by the person providing the statement, and may be submitted in person, by mail, by facsimile machine, or by division-approved electronic means.

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12.1.5 Determination of Good Cause. Upon receipt of the statement, the chief hearing officer or designee or the panel, as appropriate, shall determine whether good cause has been shown for permitting an untimely appeal from a deputy’s decision or a hearing officer’s decision; or for permitting the untimely request for a hearing; or for excusing the failure to appear for a hearing. Such determination shall be in writing with supporting findings of fact and shall be provided to all interested parties in person, by mail, by facsimile machine, or by electronic means. If the panel determines that good cause exists for permitting a late appeal, the decision shall contain a written notification that the other-named interested parties may object to the good-cause determination by raising their objections in their written arguments as permitted by regulation 11.2.15.12. The panel shall consider any objections and conduct further appropriate proceedings to reconsider the good-cause determination.

12.1.6 Additional Evidence. In determining whether good cause has been shown for permitting an untimely appeal from a deputy's decision or for excusing failure to appear for a hearing, the chief hearing officer or designee may take or accept additional reliable evidence by such means as shall be deemed appropriate for the resolution of the issue, including holding a hearing. In making an initial determination of whether good cause has been shown for permitting an untimely appeal from a hearing officer's decision or for excusing the failure to appear for a hearing, the panel may request or accept additional written evidence or may order that a hearing be conducted by a hearing officer to obtain such evidence deemed necessary to resolve this issue.

12.1.7 Appeals. If any interested party objects to a determination of the chief hearing officer or designee or the panel, based solely on written documents, that good cause exists for an untimely appeal from a deputy's decision; or objects to a determination of the chief hearing officer or designee or the panel, that excuses the failure to appear for a hearing or determines that good cause exists for an untimely request for a new hearing; or objects to a determination that good cause exists for accepting an untimely appeal and a new hearing is required because the complete record of the proceedings is no longer available, that interested party may present its objections at the hearing scheduled on the issues in dispute. The hearing officer will consider all objections and responses and supporting evidence and will determine if good cause exists for permitting the untimely appeal or excusing the failure to appear or excusing the untimely request for a new hearing based on the evidence presented. If good cause is not found, the hearing will be terminated and any previously vacated hearing officer's decision on the merits of the appeal shall be reinstated. If good cause is found, the hearing will proceed on the merits of the issue in dispute.

12.1.8 Substantive Guidelines. In determining whether good cause has been shown for permitting an untimely action or excusing the failure to act as required, the division and the panel may consider any relevant factors including, but not limited to, whether the party acted in the manner that a reasonably prudent individual would have acted under the same or similar circumstances, whether the party received timely notice of the need to act, whether there was administrative error by the division, whether there were factors outside the control of the party that prevented a timely action, the efforts made by the party to seek an extension of time by promptly notifying the division, the party's physical inability to take timely action, the length of time the action was untimely, and whether any other interested party has been prejudiced by the untimely action. However, good cause cannot be established to accept or permit an untimely action or to excuse the failure to act, as required, that was caused by the party’s failure to keep the division directly and promptly informed by written, signed statement of his or her current and correct mailing address in person, by mail, by facsimile machine, by division-approved electronic means, or by CUBLine, the division's interactive voice response system, unless it is determined that the party reasonably believed that the division would not have any need for his or her new address under the circumstances. A written decision concerning the existence of good cause need not contain findings of fact on every relevant factor, but the basis for the decision must be apparent from the order.

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