RULES FOR REMOVAL ADOPTION INTERMEDIARY COMMISSION STATE OF COLORADO ARTICLE I Introduction These rules for removal of confidential intermediaries, confidentialintermediary training programs designated employees conducting searches forchild placement agencies and child placement agencies are established bursuantto C.R.S. 19-5-303(2)(b), 19-5-304(1)(a),and 19-5-305(3)(b)(iii) these rules set forththe procedures and basis for when and under what conditions the name of aconfidential intermediary or a designated employee conducting searches fora child placement agency may be removed from the list of approved intermediariesor designated employees conducting searches for a child placement agency andwhen a training organization or child placement agency may have its approvalrevoked. It is the intent of these rules to provide due regard for the rightsand privileges of all interested persons and to conduct any proceedings hereunderpursuant to the requirements of the Colorado state administrative procedureact.

ARTICLE II Complaints Complaints, in writing, relating to the conduct of any confidential intermediary,training organization, designated employee conducting searches for a childplacement agency or a child placement agency may be made by any person tothe commission or may be initiated by the commission. ARTICLE III Notice The confidential intermediary, training organization, designated employeeconducting searches for a child placement agency or child placement agencycomplained of shall be given written notice by the commission of the natureof the matters complained of and shall be given thirty (30) days from thedate of the notice to file an answer with the commission.

ARTICLE IV Hearing Upon receipt of the confidential intermediary's, training organization's,designated employees conducting searches for a child placement agency's, orchild placement agency's answer or at the conclusion of thirty (30) days ifno answer has been received, the matter shall be set for a hearing for determinationby the commission. The commission shall hold such hearing pursuant to therequirements of the Colorado administrative procedures Act.

ARTICLE V Evidence at Hearing At hearings the witnesses shall be sworn and an electronic record shallbe made of all proceedings had and testimony taken. At the option and expenseof the person or organization complained of the record may be by shorthandreporter. The Presiding Officer of the Hearing shall be the Commission Chairmanor any other member of the Commission elected by a majority or the Commissionmembers. The Presiding Officer shall have the authority to rule on all motions,objections and other matters presented in connection with such hearing.

ARTICLE VI Right to Attorney The confidential intermediary-the training organization, designated employeeconducting searches for a child placement agency or the child placement agencyis entitled to have an attorney at his or her own expense. The confidentialintermediary, the training program, designated employee conducting searchesfor the child placement agency or the child placement agency is entitled torequest a more particular statement of the alleged acts of misconduct or raiseany other objections in the answer including a plea that the complaint doesnot charge misconduct warranting the imposition of any discipline. ARTICLE VII Failure to Answer If the confidential intermediary, training program, designated employeeconducting searches for a child placement agency or the child placement agencyso charged snail fail to answer the complaint as provided above or fail toappear at the hearing after receiving due notice of the time and place thereof,the commission may proceed-to hear the evidence and make its findings andrecommendations. ARTICLE VIII Presiding Officer The Presiding Officer of the Hearing shall have all powers enumeratedfor Hearing Officers in the Colorado Administrative Procedures, includingthe power to: (a) administer oaths and affirmations and hear evidence; (b) compel by subpoena the attendance of witnesses and the productionof pertinent books, papers and documents before the Commission or for a depositionat the request of either party pursuant to and in conformity with, the StateAdministrative Procedure Act; and (c) request additional information and evidence from the Complainant. ARTICLE IX Burden of Proof To warrant a recommendation of discipline against a confidential intermediary,of training program, or designated employee conducting searches for a childplacement agency or the child placement agency the charges must be establishedby clear and convincing evidence. ARTICLE X Standards for Discipline To warrant a recommendation of discipline against a confidential intermediary,or training program, the decision must be based upon the stated criteria,terms and purposes of the statute creating the Confidential Intermediary processand the Manual of Standards for Intermediaries, and Training Organizationspromulgated as guidelines by the Commission. To warrant a recommendation of discipline against an employee conductingsearches for a child placement agency or the child placement agency, the decisionmust be based upon the stated criteria, terms and purposes of the statuteand rules promulgated as guidelines by the commission which allows child placementagencies to conduct searches.

ARTICLE XI Commission Findings and Decision If it is found that the charges are unfounded or not established by clearand convincing evidence, the commission shall enter its order dismissing thecomplaint. If it is found that the charges meet the burden of proof, the commissionmay take the following disciplinary action against a confidential intermediary,et training organization, designated employee conducting searches fora child placement agency or the child placement agency.

(a) Issue a Letter of Admonition;

(b) Suspend the confidential intermediary, training organization,designated employee conducting searches for a child placement agency, or thechild placement agency for a definite or indefinite period:

(c) Remove the confidential intermediary from the list of confidentialintermediaries; (d) Remove the designated employee conducting searches for a childplacement agency from the list of people approved to do searches.

(e) Revoke the commission's approval of the training organization; (f) Revoke the commission's approval of the child placement agencyto complete searches. (g) Take any other action deemed appropriate by the Commission. ARTICLE XII Review Judicial review shall be pursuant to the requirements of the ColoradoAdministrative Procedure Act.