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

72 3.116.8 CRIMINAL VERDICT DISQUALIFICATION Upon determination of fraudulent acts, adult caretaker(s) or teen parent(s) who have signed the application or re-determination will be disqualified from participation in CCCAP for the following periods, pursuant to Section 26.5-4-116, C.R.S. Such disqualification is mandatory and in addition to any other penalty imposed by law. Disqualification levels are: A. Twelve months (12) for the first offense; or, B. Twenty-four months (24) for a second offense; or, C. Permanently for a third offense. 3.116.9 DISQUALIFICATION PERIOD A. Upon determination of fraudulent criminal acts, the adult caretaker(s) or teen parent(s) shall be notified of the period of disqualification. The disqualification shall begin the first day of the month that follows the disqualification determination, allowing for authorization noticing and shall run uninterrupted from that date. B. In collecting evidence of fraudulent activities the counties or their designee shall not violate the legal rights of the individual. When the county questions whether an action it contemplates might violate the legal rights of the individual, it shall seek the advice of its legal advisor. 3.116.91 DISQUALIFICATION PENALTIES In addition to any criminal penalty imposed, the disqualification penalties affect the adult caretaker(s) or teen parent(s) the penalty period shall remain in effect unless the finding is reversed by the state department or a court of appropriate jurisdiction. The disqualification period shall follow the adult caretaker(s) and teen parent(s) regardless of the county of residence in Colorado. Penalties imposed are progressive regardless of the county of residence for each subsequent penalty level. Child care providers shall be subject to the fiscal agreement termination process outlined in section 3.115.3. 3.116.92 HEARING AND DISPUTE RESOLUTION RIGHTS Adult caretaker(s) or teen parent(s) have the right to a county dispute resolution conference or state level fair hearing pursuant to Sections 3.840 and 3.850. Child care providers shall be informed of their right to a county dispute resolution conference on the reverse side of their copy of the child care authorization notice pursuant to section 3.840, “county dispute resolution process”. 3.116.93 CHILD CARE RECOVERY When the counties or their designee have determined that an adult caretaker(s) or teen parent(s) has received public assistance for which he or she was not eligible due to an increase in household income, that causes the household’s income exceeds eighty-five percent (85%) of the State median income, or a change in the qualifying eligible activity that was not reported within four weeks of its occurrence; or a child care provider has received child care payments they were not eligible for: A. The county, or its designee(s), determines if the overpayment is to be recovered. Exception from recovery includes: