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CODE OF COLORADO REGULATIONS 8 CCR 1403-1 Colorado Child Care Assistance Program

71 3. Permanently upon the third such offense. D. The disqualification penalties affect any household to which the adult caretaker(s) or teen parent(s) is a member. E. The penalty period shall remain in effect unless and until the finding is reversed by the State Department or a court of appropriate jurisdiction. F. A penalty imposed by one county shall be used when determining the appropriate level of disqualification and penalty for that individual in another county. G. The disqualification penalties may be in addition to any other penalties which may be imposed by a court of law for the same offenses. 3.116.6 NOTIFICATION OF HEARING DECISION A. If the local level hearing officer finds the adult caretaker(s) or teen parent(s) has committed an IPV as a result of a county hearing, a written notice shall be provided to notify the primary adult caretaker or teen parent of the decision. The local level hearing decision notice shall be a state prescribed form, which includes a statement that a state level hearing may be requested with the request form attached. B. In a hearing before an Administrative Law Judge (ALJ), the determination of IPV shall be an initial decision, which shall not be implemented while pending State Department review and Final Agency Action. The initial decision shall advise the adult caretaker(s) or teen parent(s) that failure to file exceptions to provisions of the initial decision will waive the right to seek judicial review of a final agency decision affirming those provisions. C. When a final decision is made, a written notice of the disqualification penalty shall be mailed to the adult caretaker(s) or teen parent(s). This notice shall be on a state prescribed notice form. 3.116.7 REFERRAL TO DISTRICT ATTORNEY When the counties or their designee(s) determine that they have paid or are about to pay for child care as a result of a suspected criminal act, the facts used in the determination shall be reviewed with the counties' legal advisor, investigatory unit and/or a representative from the District Attorney's office. If the available evidence supports suspected criminal acts, the case shall be referred to the District Attorney. All referrals to the District Attorney shall be made in writing and shall include the amount of assistance fraudulently received by the adult caretaker, teen parent, or child care provider. The following actions may be taken: A. If the District Attorney prosecutes, the amount of overpayment due will be taken into consideration and may be included in the court decision and order. B. Interest may be charged from the month in which the amount of overpayment due was received by the collection entity until the date it is recovered. Interest shall be calculated at the legal rate. C. If the District Attorney decides not to prosecute, the amount of overpayment due will continue to be recovered by all legal means. The county retains the option to pursue IPV/ADH or other administrative measures. D. A referral is not a violation of the safeguards and restrictions provided by confidentiality rules and regulations.