STATEMENT OF BASIS AND PURPOSE, FISCAL IMPACT AND SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO STAFF MANUAL VOLUME 12 Revisions to Sections 12.500-Concl. - 12.500.12, 12.500 12 - 12.500.14-Concl. were finally adopted following publication at the 5/2/86 State Board meeting, with an effective date of 7/1/86 (Document 7). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services. Addition of Section 12.600 was finally adopted following publication at the 2/6/87 State Board meeting, with an effective date of 4/1/87 (Document 8). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Revisions to Section 12.203 were finally adopted following publication at the 5/1/87 State Board meeting, with an effective date of 7/1/87 (Document 11). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of Sections 12.700 - 12.704 was finally adopted following publication at the 11/6/87 State Board meeting, with an effective date of 1/1/88 (Document 2). Statement of Basis and Purpose, Fiscal Impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Administrator, Department of Social Services.

Addition of Sections 12.800 - 12.805.12 was finally adopted following publication at the 4/6/90 State Board meeting, with an effective date of 6/1/90 (CSPR# 90-1-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Deletion of Section 12.500 was finally adopted following publication at the 11/02/90 State Board meeting, with an effective date of 1/1/91 (CSPR# 90-8-23-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.900 was adopted emergency at the 11/2/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.900 was final adoption of emergency at the 12/7/90 State Board meeting, with an effective date of 11/2/90 (CSPR# 90-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to Sections 12.200 through 12.203 were finally adopted following publication at the 2/7/91 State Board meeting, with an effective date of 4/1/92 (CSPR# 91-10-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.500 through 12.515 was adopted emergency at the 2/4/94 State Board meeting, with an effective date of 4/1/94 (CSPR# 93-10-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Addition of Section 12.500 through 12.515 was adopted emergency and final at the 3/4/94 State Board meeting, with an effective date of 4/1/94 (CSPR# 93-10-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of the State Board Liaison, Department of Social Services.

Revisions to Sections 12.500 through 12.515 were final adoption following publication at the 10/7/94 State Board meeting, with an effective date of 12/1/94 (CSPR# 94-6-30-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Addition of Sections 12.100 through 12.111 were final adoption following publication at the 12/6/96 State Board meeting, with an effective date of 2/1/97 (CSPR# 96-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Sections 12.100 through 12.111 were re-promulgated as final adoption following publication at the 3/7/97 State Board meeting, with an effective date of 5/1/97 (CSPR# 96-9-11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Office of External Affairs, Department of Human Services.

Addition of Sections 12.400 through 12.480 were adopted as emergency at the 8/4/2000 State Board meeting, with an effective date of 9/1/2000 (CSPR# 00-6-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, State Board Administration.

Addition of Sections 12.400 through 12.480 were adopted as emergency and final at the 9/8/2000 State Board meeting, with effective dates of 9/1/2000 and 9/8/2000 (CSPR# 00-6-28-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revisions to Sections 12.440 and 12.470 were final adoption following publication at the 2/2/2001 State Board meeting, with an effective date of 4/1/2001 (CSPR# 00-11-15-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revisions to Section 12.101.1, and addition of Section 12.120-12.120.5 were adopted following publication at the 5/2/2003 State Board meeting, with an effective date of 7/1/2003 (Rule-making# 03-02- 11-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration. Revisions to Sections 12.105.2 through 12.105.21 and addition of Section 12.105.22 were adopted as emergency at the 6/6/2003 State Board meeting, with an effective date of 7/1/2003 (Rule-making# 03-02- 13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration. Revisions to Sections 12.105.2 through 12.105.21 and addition of Section 12.105.22 were final adoption of emergency rules at the 7/11/2003 State Board meeting, with an effective date of 7/1/2003 (Rule- making# 03-02-13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration. Deletion of Sections 12.300, 12.600, 12.700, 12.800, and 12.900, et seq., and replacement of Section 12.500, et seq., with a new program, were final adoption following publication at the 5/7/2004 State Board meeting, with an effective date of 7/1/2004 (Rule-making#s 04-2-19-1 and 04-3-5-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revisions to Sections 12.200 through 12.203.6 were final adoption following publication at the 12/2/2005 State Board meeting, with an effective date of 2/1/2006 (Rule-making# 05-08-25-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Deletion of Section 12.105.22 was final adoption following publication at the 2/3/2006 State Board meeting, with an effective date of 4/1/2006 (Rule-making# 05-10-25-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

Revision of Section 12.540 and addition of Section 12.541 were final adoption following publication at the 1/5/2007 State Board meeting, with an effective date of 3/1/2007 (Rule-making# 06-8-24-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Office, State Board Administration.

12.100 COLORADO ELECTRONIC BENEFIT TRANSFER SERVICE (CO/EBTS) 12.100.1 AUTHORITY 12.100.11 Authority for the program is contained in Colorado Revised Statutes, Sections 26-2- 104 and 26-1- 122(2), as amended.

12.100.12 The Colorado Electronic Benefit Transfer Service (CO/EBTS) is intended to provide electronic benefit access, through use of a plastic debit card, to recipients of food assistance and public assistance programs. These programs include, but are not limited to, Food Stamps, Aid to Families with Dependent Children, Old Age Pension, Aid to the Needy Disabled, Aid to the Blind, and the Low-Income Energy Assistance Program. Through CO/EBTS, direct deposit payments will be made to providers of services for the Low-Income Energy Assistance Program, Child Care and Child Welfare (Subsidized Adoption and Foster Care) programs. Voucher payments (e.g., burial) will also be made by direct deposit. Other programs may be added as appropriate. Recipient payments will be made by direct deposit on a voluntary basis. Provision will be made for delivery of recipient payment of direct federal benefits by CO/EBTS. 12.101 GENERAL PROVISIONS 12.101.1 DEFINITIONS A. Automated Teller Machine (ATM)

An "ATM" is a device which dispenses cash and provides benefit inquiries. The equipment is activated by inserting a plastic magnetic stripe card and entering a personal identification number (PIN). B. Cash Account A "cash account" is an authorization file maintained by the Colorado Department of Human Services on behalf of a cardholder from which withdrawal of cash benefits and purchase transactions are authorized. C. CO/EBTS Contractor The "CO/EBTS contractor" is a private company hired by the Colorado Department of Human Services. The contractor will be responsible for operation of the CO/EBTS system including, but not limited to, card production, transaction processing, equipment installation/maintenance, customer service, conversion training, and account settlement.

D. Correcting Debit A "correcting debit" is an action taken by a retailer to correct a system error. E. CO/EBTS Conversion "CO/EBTS conversion" is the project implementation period during which food stamps and public assistance recipients change over from receiving benefits through food coupons and warrants to accessing their benefits through CO/EBTS debit card transactions at authorized retailers' point-of-sale (POS) terminals and at automated teller (ATM) machines. Also, providers will begin receiving direct deposit payments, electronically transmitted to make accounts, rather than warrants. F. Debit A "debit" is a transaction initiated by the cardholder at a terminal with use of a PIN resulting in a deduction against the balance of the cardholder's account, which has been credited by the value and category of public assistance benefits authorized.

G. Direct Deposit "Direct deposit" is the process by which the Colorado Department of Human Services credits a client's or provider's bank account upon authorization by the Colorado EBTS program. H. Electronic Benefit Transfer Service (EBTS)

"EBTS" is the delivery of government benefits and payments through electronic means and equipment. I. Food Stamp Account A "food stamp account" is an authorization file maintained by the Colorado Department of Human Services on behalf of a cardholder from which food stamp purchases at approved merchants are authorized.

J. Food Stamp Transaction A "food stamp transaction" is authorized from a food stamp account in which the entire transaction amount is for the purchase of food at an approved merchant in accordance with the Food Stamp Program. A food stamp transaction must not include cash back. K. Encryption "Encryption" is the process which protects PIN data by altering the information to make it unrecognizable. These data are encrypted before transmission over communications lines rendering them unintelligible. L. Personal Identification Number (PIN)

The "PIN" is a four to six digit secret number or word either selected by the cardholder or randomly assigned by the card processor. The PIN is used by the cardholder to initiate an EBTS transaction. M . Point of Sale (POS) Terminal "POS" terminals are electronic devices located at retail outlets through which cardholders can conduct EBTS food stamp and cash transactions by swiping their card and entering their PIN on a key pad. N . Primary Account Number (PAN)

The "PAN" is a number embossed on the front of the debit card, by the card issuer, which identifies the cardholder.

O. Retailer "Retailer" is the commercial location, such as a grocery store or automated teller machine, where the EBT cardholder redeems food or cash benefits.

P. System Error A "system error" is an auditable processing failure at any point in the EBT redemption process that results in the improper crediting or debiting of an account or in the failure to credit or debit an account. Q. Transaction A "transaction" is an electronic interchange at a point of sale device or ATM resulting in the exchange of financial information concerning a recipient account.

12.102 ACCOUNT SET-UP The county department of social services shall input account set-up data into the various CDHS systems, using state department established file formats and data layouts, to facilitate system transmission of account set-up records to the CO/EBTS contractor. County departments may opt, particularly in emergency cases, to transmit account set-up files on-line directly to the CO/EBTS contractor. 12.103 CARD/ PIN ISSUANCE AND ACCOUNTABILITY The county department of social services shall establish secure procedures for issuance of CO/EBTS debit cards and personal identification numbers. County departments may issue a card at the initial client interview, but under no circumstance shall a card for a non-expedited case be issued later than 30 calendar days after the application date.

12.103.1 OVER-THE COUNTER ISSUANCE 12.103.11 Card Stock Each county department of social services shall maintain the capability to issue cards on-site at its primary location and satellite offices. The CO/EBTS contractor will provide counties with an initial supply of sequentially numbered cards containing pre-embossed primary account numbers; county departments must reorder cards from the CO/EBTS contractor as needed to ensure an adequate supply at all times. 12.103.12 PIN Selection The county department of social services shall issue PINs through encryption devices supplied by the state department. Recipients shall select their own PINs when cards are issued over-the-counter. 12.103.13 Expedited Issuance The county department of social services shall issue CO/EBTS debit cards no later than the sixth day after application for recipients entitled to expedited benefits/payments as defined by specific program rules.

12.103.2 MAIL ISSUANCE The county department of social services shall initiate issuance of cards and PINs through the mail during CO/EBTS conversion by submitting account set-up files to the CO/EBTS contractor. The county department may request mail issuance on a case-by-case basis thereafter by entering a positive mail indicator in the account set-up file transmitted to the CO/EBTS contractor. After conversion, county departments may request mail issuance in those situations where in-person issuance would constitute an inconvenience to the recipient. County departments may also mail cards/PINs to clients residing a distance from the issuance site such that transportation would constitute a hardship.

12.104 REPORTS OF LOST, STOLEN CARDS AND UNAUTHORIZED USE The county department of social services shall facilitate de-activation of CO/EBTS debit cards reported by cardholders to be lost, stolen, or used by unauthorized parties. Upon receiving such a report, the county department may instruct the recipient to phone the CO/EBTS contractor's customer service line to report the incident and request card de-activation. If the recipient cannot or refused to call, the county department shall immediately report the incident and request card de-activation to the CO/EBTS contractor customer service representative on behalf of the recipient. 12.105 CARD REPLACEMENT The county department of social services shall replace CO/EBTS debit cards for eligible recipients when cards are reported to be lost, stolen, or non-functioning. County departments may issue replacement cards over-the-counter or through a transmission to the CO/EBTS contractor requesting mail issuance. 12.105 .1 CARD REPLACEMENT TIME LIMIT The county department of social services the recipient. This may be accomplished by either over-the- counter or mail issuance. The shall replace cards within three working days of notification by CO/EBTS contractor is required to deliver replacement cards to the post office no later than 3:00 p.m. the day after a request is received for a mail issued card replacement. 12.105.2 FEES 12.105.21 Card Replacement Fees The county department of social services may charge recipients $2.00 for each over-the-counter card replacement. Counties shall not charge a fee if the replacement is issued by mail, the original card is inoperable due to no fault of the cardholder, or if the recipient is being re-certified for benefits and destroyed, lost, or damaged the original card during the inactive period. The county department shall not collect replacement fees by debiting a recipient's food stamp account. Counties may collect replacement fees by debiting the recipient's cash account through a county POS terminal or by a card holder cash, check or money order payment. The county department shall maintain records of card replacements including the date a new card was requested, the replacement reason, the amount of any fee assessed and the method of collection. The county department shall maintain records of card replacements including the date a new card was requested, the replacement reason, the amount of any fee assessed and the method of collection. [ ] 12.106 PIN REPLACEMENT The county department of social services shall provide cardholders with the opportunity to change PINs. PIN replacements may be issued over-the-counter or by mail through the CO/EBTS contractor. Add eff. 2/1/97 12.107 DIRECT DEPOSIT Eligible recipients, or their designated payees, may elect to receive cash payments through direct deposit to an account at their financial institution. Direct deposit application forms and envelopes will be provided to county offices. The county department of social services shall inform cash assistance recipients of the availability of direct deposit, provide informational materials, and application forms. County offices shall assist recipients or payees in providing bank account information to allow for direct deposit. Add eff. 2/1/97 Counties shall issue a debit card to each new recipient and inform the recipient that he/she will access at least the first payment through the debit card.

12. 108 AUTHORIZED REPRESENTATIVES An eligible recipient may designate an authorized representative to receive a CO/EBTS debit card and PIN. Separate cards, primary account numbers, and PINs shall be issued to the eligible recipient and the authorized representative. The authorized representative shall have the ability to access food and/or cash benefits on behalf of the eligible recipient as provided by program regulations. Add eff. 2/1/97 12.109 CLIENT TRAINING The county department of social services may conduct client training through the mail or on-site in local offices. Add eff. 2/1/97 12.109.1 LOCAL OFFICE TRAINING The county department of social shall provide facilities within each food stamp/social services office to conduct on-site CO/EBTS client training. Add eff. 2/1/97 12.109.11 CO/EBTS Trainees The county department of social shall conduct on-site CO/EBTS training in local offices for eligible post- conversion food stamps and cash assistance recipients. Add eff. 2/1/97 12.109.12 Training Content The county department of social services shall conduct training in a manner prescribed by state department procedures. Add eff. 2/1/97 12.109 .13 Written Training Materials The county department of social services shall distribute written training materials, produced by the CO/EBTS contractor, to CO/EBTS recipients. These materials will include, but not be limited to, a pamphlet and a fact card. All written training materials will be available in Spanish and English and be at no higher than a fifth grade reading level. Add eff. 2/1/97 12. 109.14 Other Client Assistance The county department of social services shall provide other client assistance, which the county department deems necessary, such as orientation classes, question and answer sessions, and “hands- on” card usage instructions. Counties shall identify special needs clients (e.g., blind, illiterate, disabled) and “customize” training to the needs of these individuals. Rev. eff. 5/1/97 12.109.2 MAIL TRAINING 12.109.21 Conversion The county department of social services shall update CDHS automated systems with the most current food stamp recipient, cash assistance recipient, substitute payee, and conservator addresses no later than two months before that county's conversion to CO/EBTS. The CO/EBTS contractor will mail debit cards, PINs, and written training materials to each current recipient one month before conversion. 12.109.22 Ongoing The CO/EBTS contractor will include written training materials with all CO/EBTS card mailings. The county department of social services shall transmit a positive mail indicator to the contractor for any recipient the county wishes to have the CO/EBTS card, PIN, and training materials issued by mail. 12.110 PROVIDER PAYMENTS 12 .110.1 COUNTY RESPONSIBILITIES 12.110.11 Conversion The county department of social services shall update provider information (e.g., name, address, mailing address, and provider tax identification number) contained within the various Human Services automated systems no later than four months prior to CO/EBTS conversion in that county to facilitate transition to direct deposit provider payments.

12.110.12 Ongoing The county department of social services shall enter all provider information into the appropriate automated system immediately upon a provider's approval to deliver program services. The county department shall give each prospective provider a direct deposit form requesting the provider's bank account number and supporting documentation. The provider must then submit the bank account information in order to receive direct deposit payments when and if the provider is approved to deliver services. The county department shall also give the provider written materials explaining the direct deposit payment procedure. County departments must maintain the ability to enter data related to provider bank account numbers into the various Human Services automated systems for transmission to the CO/EBTS contractor.

12.110.2 STATE RESPONSIBILITIES The State Department will transmit provider information through the various Human Services automated systems to the CO/EBTS contractor. Transmissions will take place during conversion and on an ongoing basis as new providers are added.

12.111 EXPUNGED BENEFITS Food stamp benefits will be automatically expunged, or cancelled, after 270 days of no recipient account activity (food purchases or benefit inquiries); cash benefits will be expunged after 90 days of no recipient account activity (purchases, withdrawals, benefit inquiries). County staff may re-start the time period for any recipient in a manner prescribed by the State Department. 12.120 EBT CONTRACTOR ACCOUNT ADJUSTMENTS 12.120.1 EBT CONTRACTOR ACCOUNT ADJUSTMENT AUTHORITY The EBT contractor, on behalf of impacted retailers, may adjust EBT cardholders' food or cash accounts through correcting debits to recoup SYSTEM error funds. 12.120.2 EBT CONTRACTOR NOTIFICATION TO THE COLORADO DEPARTMENT OF HUMAN SERVICES The EBT contractor shall notify the Colorado Department of Human Services, through a claim activity file, of the intention to adjust a recipient's food and/or cash account. 12.120.3 CLIENT NOTICE OF RIGHT TO A FAIR HEARING A. any recipient shall be mailed a notice whose EBT account is to be adjusted by the EBT contractor, advising the recipient of the right to a fair hearing.

B. The notice shall stipulate:

1. The amount to be adjusted;

2. The name of the retailer;

3. The reason for the adjustment;

4. The date of the adjustment;

5. Procedures for requesting a state hearing; and, 6. The timeframe for requesting a hearing.

12.120.4 FAIR HEARING Any request for a State level fair hearing shall be in accordance with State Food Stamp rules, as found in Staff Manual Volume 4B (10 CCR 2506-1), Sections B-4410, B-4410.3, and B-4410.34. 12.120.5 ACCOUNT ADJUSTMENT TIMEFRAMES The EBT contractor may not adjust a recipient's EBT account for fifteen (15) calendar days from the issuance date of the fair hearing notice. If the recipient requests a fair hearing during this 15-day period, the EBT contractor is prohibited from adjusting the account until and unless the fair hearing disposition is rendered in the retailer's favor. After the 15-day noticing period has expired, or after a recipient appeal has been denied, the EBT contractor may adjust a recipient's current month or one future month's benefits. The EBT contractor may take no further adjustment actions if adequate funds are not available in either the month when the recovery action is initiated or in the subsequent month. 12.200 DOMESTIC ABUSE ASSISTANCE PROGRAM (DAAP)

12.200.1 DEFINITION The purpose of this Domestic Abuse Assistance Program (DAAP) is to facilitate or continue support of community-based or community oriented programs operated by local government or a non-governmental agency to assist victims of domestic abuse and their dependents. The standards address two types of domestic violence programs; those who have 24 hour residential programs and those who provide services not including the residential shelter care component. The standards specify minimum required services for each type of program, optional services that may be provided, as well as agency, personnel, fiscal, and other related matters felt necessary to ensure proper legal operation and utilization of contracted funds. They ensure that 24 hour access to and availability of domestic violence services to victims, as well as ensure funded programs have the capability to provide these services and are responsible organizations. These standards require a demonstrated community need for the program and no duplication of services.

12.200.2 CONTRACTUAL AUTHORITY The Department may enter into contracts or agreements for services with any unit of local government or non governmental agency that has established and operates or will be operating a community domestic abuse program or that has subcontracted for program services. A request for proposal will be distributed by the Department soliciting applications upon which a decision relative to contracting will be made. 12.200.3 CONTRACT The contract shall be in the form and have content as prescribed by the Colorado Department of Human Services.

12.200.4 ELIGIBILITY Any unit of local government or non governmental agency may apply to the Colorado Department of Human Services, Colorado Works Program, for funding under this program. The applicant shall follow the procedures and time frames as outlined in these rules.

12.200.5 FUNDING The Colorado Department of Human Services shall reimburse approved programs within and subject to available appropriations at a rate not to exceed $25 per day for each person who participates in a program for which a contract has been consummated. The state shall provide no more than a 50% match of up to a maximum of $25 per day per person which is matched 50% by sources other than state funds being required under each contract.

12.200.6 SELECTION TEAM/ADVISORY COMMITTEE A funding committee will be appointed by the State Department composed of Colorado Department of Human Services staff and persons knowledgeable in the field of family violence, and will review applications and make recommendations to the Executive Director concerning programs to be funded within the appropriation. An Advisory Committee similarly composed shall also be appointed and shall advise the State Department on policy development or changes and shall monitor for program implementation and expenditures statewide.

12.200.7 PROGRAM MONITORING Program monitoring by the Colorado Department of Human Services shall include fiscal and programmatic reviews, policies and procedures. On a periodic basis, the State Department shall conduct site visits for residential programs, but not more than annually except in circumstances where a program is out of compliance with Domestic Abuse Assistance Program rules or contract. 12.200.8 APPLICATION Applications shall include:

A. Letter of application;

B. Written program description that meets, at least minimally, all standards set by the Colorado Department of Human Services (see Section 12.200.81);

C. Letters of support from community agencies (local county departments of social/human services, police, sheriff, health dept., etc.);

D. Proposed budget including 50% match and source(s) committed; E. Copy of latest fiscal audit/financial review if an established program; F. If a shelter program, evidence of currently meeting health, safety and zoning regulations. 12.200.81 Selection Criteria Used for Determining Grant Awards Applicants will be judged and selected according to the following: A. Completion of all application requirements;

B. Provision of 24 hour service capability and counseling services; C. Assurances of matching funds readily available or committed; D. Demonstrated fiscal management capability as evidenced by operating experience in a domestic abuse program and budget (actual for previous year and projected), audit or financial review as appropriate and cost/unit of service comparable to other similar programs. E. Demonstrated programmatic capability for operating a domestic abuse program and submission of appropriate documentation;

F. A demonstrated community need. This can be evidenced by a catchment area or target population without other duplicative services, high percentage of capacity in use during previous year, unmet needs for assistance, or other appropriate documentation. G. Demonstrated community support as evidenced by direct community contributions, volunteer component, letters of support from other community agencies; and/or, H. Commitment to cooperation with other domestic violence programs as documented by letters of support from appropriate agencies and groups.

12.201 PROGRAM STANDARDS The following standards shall be met in order to receive funding under this section. The purpose of these standards is two fold. They are to be used by individual existing programs and the State Department to assess the services each program provides to the community. Second, the standards are a technical assistance tool for those communities attempting to start a domestic violence program.

12.201.1 ELIGIBLE ENTITIES The following entities shall be eligible for grant funding: A. Non governmental agency: any person, private non-profit agency, corporation, or other non- governmental agency. The following have or need to be met as applicable: 1. Board of Directors selected and functioning;

2. Articles of Incorporation completed;

3. By-laws written;

4. Application and approval of IRS 50l(c)3 Tax Status, or in the process of obtaining such; 5. Evidence of compliance with applicable Federal, State, and local regulations. B. Unit of local government: a county, city and county, city, town, or municipality. 12.201.2 PERSONNEL Job Positions Each job position shall have a written job description with specified duties, qualifications and requirements for both paid and non paid staff.

12.201.21 Staffing There shall be adequate staff coverage during hours of operations for each program. Adequacy for a program is to be defined by the written policy of the organization and within generally accepted practice. 12.201.22 Training and Staff Development All agencies shall provide training and staff development for staff as set out in the individual program's written policies. Training and staff development shall include, although not be limited to, the following: A. Initial orientation regarding personnel rules, job duties and all agency operational procedures; B. On the job training in the functions assigned according to job descriptions C. On going training outside the agency including but not limited to the opportunity to attend outside workshops and conferences, and advanced formal education as funds permit and as defined within the policies of the agency.

12.201.23 Personnel Policies All agencies shall maintain personnel policies and procedures in written form. Within one year of entering into an initial contract with the State Department, comprehensive personnel policies shall be developed as outlined in Sections 12.201.231 and 12.201.232. The development and revision of these policies shall be the responsibility of the policy making body of the agency. These policies shall be made available to employees at time of hiring and shall be readily accessible to all employees thereafter. 12.201.231 Scope of Personnel Policies These policies shall include, but not be limited to the following areas: A. Recruitment B. Selection of Applicants C. Hiring D. Job Descriptions E. Rates of Pay F. Benefit Packages G. Staff Training and Development H. Staff Evaluation I. Promotion J. Termination K. Grievance Procedures L. Non-Discrimination 12.201.232 Equal Employment Opportunity and Affirmative Action Policy No program shall discriminate against any employee or applicant because of age, race, color, religion, national origin, political belief, gender or sexual orientation, physical handicap, residence, socio-economic status or cultural background.

All programs shall take affirmative action to ensure that job applicants and employees are treated without regard to the above stated factors.

12.202 PROGRAM 12.202.1 GOAL The primary goal of a program is to help ensure the safety of victims of domestic abuse and their dependents.

12.202.11 Anti-discrimination Program staff shall not deny persons aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, national origin, political beliefs, gender (except as it applies to specific programs), sexual orientation, handicap, socio economic status, or cultural background. 12.202.12 All services provided must be accessible to persons with disabilities. This could be documented through written plans developed for different types of disabilities, Board of Directors policy statements, and/or educational or informational brochures or flyers. For residential programs, building accessibility must meet current federal guidelines.

12.202.2 PROGRAM COMPONENTS In order to provide both immediate help and safety on a 24 hour basis, programs should provide a range of services to assist victims of domestic abuse and their families in reaching the goal of ending violence. Services include those in the following subsections:

12.202.21 Services in Residential Programs Minimum Services for Residential Programs (Mandatory):

A. 24 hour intake and assessment or provision of appropriate referral; B. Food and shelter;

C. Initial intake and assessment and crisis counseling; D. Basic hygiene articles or items;

E. Counseling for victims and dependents;

F. Referrals for perpetrators;

G. Agency contacts made in behalf of resident victims;

H. Advocacy on behalf of resident victims;

I. Information/referral resources;

J. Minimal assessment to evaluate immediate physical needs and refer to community resources for care; K. Educational services for the community, specialized groups and law enforcement. 12.202.22 Additional Services for Residential Programs (Optional) A. On-going group counseling;

B. Counseling for family members;

C. Follow-up;

D. Recreational activities;

E. Legal services;

F. Other supportive services.

12.202.23 Physical Requirements for a Safe and Adequate Safehouse Residential Facility Adequate physical building security must be demonstrated for resident victims and staff. The safehouse or center and outside area around the facility shall be maintained in a clean and safe condition free from hazards to health and safety.

Each facility shall meet local health, fire and safety standards. Each residential facility shall provide evidence of its annual inspections to comply with current sanitation and life safety code regulations. Reports of inspections shall be maintained at the facility. All health and life safety hazards shall be corrected as indicated. Facilities shall comply with applicable state and local building code regulations. 12.202.3 PROVISION FOR CRISIS LINE SERVICES(mandatory for both residential and non- residential programs)

Adequate, qualified staff or volunteers to provide on a 24 hour basis, 7 days a week: A. Crisis-intervention counseling; and, B. Information and referrals to other agencies.

12.202.4 SERVICES FOR NON-RESIDENTIAL PROGRAMS Minimum Services for Non-Residential Programs (Mandatory) A. Crisis counseling (victim and dependents);

B. Referrals for perpetrators;

C. Information and referral resources;

D. Advocacy programs;

E. Educational services for the community, specialized groups, and law enforcement. 12.202.41 Additional Services for Non Residential Programs (Optional): A. Individual counseling;

B. Group counseling;

C. Counseling for family members;

D. Other supportive services.

12.202.5 CHILDREN'S SERVICES (RESIDENTIAL)

Minimum Services Provided to Children (Mandatory):

A. Initial intake/assessment and crisis counseling;

B. Minimal assessment to evaluate immediate physical needs and referral to community resources for care as indicated;

C. Freedom from violence;

D. Adequate supervision by staff and/or parents;

E. Toys and opportunities for play and recreation.

12.202.51 Additional Services for Children (Optional):

A. Scheduled recreational activities; and, B. Scheduled educational activities.

12.203 ADMINISTRATION 12.203.1 RECORDS SHALL CONTAIN:

A. Documentation of services provided.

B. Documentation of number of crisis calls.

C. Documentation of number of victims receiving services as identified by program. (Residential shelters shall identify shelter residents, victims attending counseling sessions or groups; non residential shelters shall identify victims receiving other services such as advocacy and referral to other services in their communities.)

D. Documentation of number of children receiving services as identified by program. E. Documentation of number of victims receiving services for programs providing services to perpetrators.

F. Documentation of number of volunteers providing services for programs. 12.203.11 Additional Documentation In addition to the above, these records shall include documentation of any physical injury to victims served and notice of proper reporting of child abuse.

12.203.2 RECORD KEEPING All programs shall develop a format for internal record keeping within the following general guidelines: A. Crisis calls: All programs shall record each crisis call received; B. Victims served: All programs shall maintain an individual file or record on each person identified as receiving services from the program;

C. Children: All programs shall maintain records on children receiving services. These records may be kept as a separate section in parent's file or in a separate file as deemed appropriate by program; 12.203.3 FISCAL A. Each agency shall develop and implement a fiscally sound accounting system in accordance with generally recognized accounting principles.

B. Each program shall have at least one (1) person on the Board of Directors who assumes fiscal oversight responsibility for the agency.

C. The program shall have one (1) person on staff who assumes the fiscal/bookkeeping duties for the agency. Any person dealing with bookkeeping, check writing/depositing responsibilities shall be bonded. All checks shall have two signatures above a specified amount to be determined by the Board of Directors.

D. For those agencies having a total annual operating budget exceeding $200,000, the agency books must have a financial review or audit annually by a licensed auditor and the most recent review/audit must be provided to the Colorado Department of Human Services at the time of submission of application materials. For those agencies having an annual operating budget under $200,000, the agency books must be reviewed or audited once within a two year funding period by a licensed auditor and a copy provided to the State Department at the time of submission of application materials.

12.203.4 CONFIDENTIALITY All programs shall consider the above mentioned internal records and any other documents containing information about individuals served (e.g., staff meeting minutes, communication logs) as confidential information and act within the following guidelines.

A. All records outlined in Section 12.203 and all other documents, meeting minutes, communication logs, and/or counseling notes containing information about victims shall be confidential. 1. The program shall obtain a written release of information before sharing any information about a victim with any other agency. Exceptions listed below must be documented: a. Reporting of child abuse;

b. Court order; and/or, c. Life threatening situations.

2. The program shall fully inform all victims about the limits of confidentiality, the purposes for which information is obtained, and how it may be used.

3. The program shall afford all victims access to all records concerning the victim and the victim's minor children.

4. When providing a victim with access to records, the program shall remove all references to victims other than the requesting victims and requesting victim's minor children. 5. The program shall obtain the informed written consent of the victim before taping, recording, or permitting third party observation of the victim or victim's minor children. B. There are particular relations in which it is the policy of the laws to encourage confidence and to preserve it inviolate; therefore, a person shall not be examined as a witness in any situation if the person has:

1. A primary function to render advice, counsel, or assist victims of domestic or family violence or sexual assault; and, 2. Undergone not less than fifteen (15) hours of training as a victim's advocate or, with respect to an advocate who assists victims of sexual assault, not less than thirty (30) hours of training as a sexual assault victim's advocate; and, 3. Supervisory authority of employees of the program, administer the program, or works under the direction of a supervisor of the program.

12.203.5 MAINTENANCE AND REPORTING OF STATISTICS All programs shall maintain the statistical data required in section 12.203 of these rules. Such data must be reported to the State Department on forms that have been approved by the State Department. The Executive Director or his/her designee may review and revise, with the recommendations of the Domestic Abuse Assistance Program Advisory Committee, the reporting forms as needed. Each program shall be responsible for the maintenance and reporting of any other statistical information required by their respective funding sources.

12.203.6 INSURANCE Specific insurance requirements are outlined yearly in the Notice of Funding Availability which may be obtained from the Domestic Abuse Assistance Program staff. Each Board of Directors is to consider the following insurance policy(ies) for the agency's program. Decisions concerning such coverage shall be recorded in the Board's minutes.

A. Personal and Property (including automobile) Liability Insurance B. Board of Directors and Officers Liability Insurance C. Professional Liability D. Other insurance as required by funders or local ordinance 12.300 (None)

(None)

12.400 COMMUNITY-BASED MANAGEMENT PILOT PROGRAMS 12.410 Definition The purpose of the pilot programs is to provide community-based intensive treatment and management services to eligible juvenile offenders who are charged with or adjudicated for an offense and diagnosed by a mental health professional as having serious mental illness, as defined: a juvenile with a substantial disorder of cognitive, volitional, or emotional processes that impair judgment or capacity to recognize reality or control behavior. These rules are effective September 1, 2000. The pilot programs are repealed, effective July 1, 2007.

12.420 Contractual Authority The Colorado Department of Human Services, Division of Youth Corrections, in consultation with the Judicial Department, is authorized to issue a Request for Proposals on or before October 1, 2000 and to select from among the responding entities one entity in a rural community and one entity in an urban community to operate the community-based management pilot programs beginning on or before January 1, 2001.

12.430 Contract The contract shall be in the form and have content as prescribed by the Colorado Department of Human Services.

12.440 Contract Eligibility Eligibility for application to operate a pilot program is defined as any public or private nonprofit, not-for- profit, or for-profit organization, association, or corporation or any governmental entity. Any eligible entity may apply to the Colorado Department of Human Services for funding under this program. 12.450 Program Eligibility In order to be eligible for the community-based management pilot programs, each juvenile shall be: A. Diagnosed by a mental health professional, as defined in Part 1 of Article 36 of Title 12, C.R.S. or Article 43 of Title 12, C.R.S., as having a serious mental illness; and, B. Less than eighteen years of age and involved in the criminal justice system; or, C. Committed to the Colorado Department of Human Services. D. Excluded if adjudicated for or convicted of a Class 1 felony, or first or second degree sexual assault, as defined in Sections 18-3-402 and 18-3-403, C.R.S., respectively, as they existed prior to July 1, 2000, or sexual assault, as described in Section 18-3-402, C.R.S., as it exists on or after July 1, 2000.

12.460 Program Standards The community-based management pilot programs shall provide high-intensity supervision and treatment services in the community to eligible juvenile offenders. At a minimum, each entity operating a pilot program shall:

A. Provide integrative, cost-effective, family-based treatment to eligible juvenile offenders who reside in the community in which the juvenile offender pilot program operates and who are in the program eligibility population for the juvenile offender pilot program; B. Provide services designed to reduce delinquent activity and other destructive behaviors such as drug and alcohol abuse;

C. Provide psychiatric services, medication supervision, and crisis intervention, as necessary; D. Maintain a low client-to-staff ratio, to be defined in the RFP; E. Support education and vocational skills for eligible juvenile offenders and development of positive social relationships;

F. Provide integrated family-based treatment focused on the juvenile offender, family and peers and educational and vocational performance;

G. Promote the development of neighborhood and community support systems for the juvenile and his or her family;

H. Operate as a collaborative effort among, at a minimum: 1. the District Attorney's Office;

2. the Division of Youth Corrections;

3. the Division of Child Welfare Services;

4. Colorado Judicial branch, Office of Probation Services; 5. Community Corrections;

6. local law enforcement agencies;

7. substance abuse treatment agencies;

8. the county departments of social/human services;

9. community mental health centers; and, 10. any other interested community mental health organizations. I. Establish an agreement between the operating entity and the collaborative agencies, including the structure and operation of the program.

12.470 Expenditure Requirements The entity and collaborative agencies that operate a Community-Based Management Pilot Program must participate together in the cost of the program by allocating, as a group, any moneys available to the entity and the agencies, or by providing services to the program, or by a combination of moneys and services in an amount equal to the amount of State General Fund moneys received to operate the program.

12.480 Monitoring, Evaluation, and Reporting Requirements Each entity operating a program is required to report annually, beginning October 1, 2002, to the Colorado Department of Human Services the following information, at a minimum: A. The number of juveniles participating in the program and an overview of the services provided; B. The number of juveniles participating in the program for whom diversion, parole, probation, or conditional release was revoked and the reasons for each revocation; C. The number of juveniles participating in the program who committed new offenses while receiving services and after receiving services under the program and the number and nature of offenses committed; and, D. The number of juveniles participating in the program who required hospitalization while receiving services and after receiving services under the program and the length of and reason for each hospitalization.

E. The number of juveniles participating in the program who required placement into social services while receiving services and after receiving services under the program, and the length of and reason for each placement.

12.500 COLORADO TRAUMATIC BRAIN INJURY PROGRAM 12.510 INTRODUCTION These rules implement the Colorado Traumatic Brain Injury Program (Program) as defined in Title 26, Article 1, Part 3, C.R.S. Individuals who are eligible for program services do not have an entitlement to services. Program services are subject to available funding. If the demand for and need for services exceeds the available funding, the entity under contract to provide services shall maintain a wait list of eligible persons. Individuals shall receive program services on a first-come, first-served basis. 12.520 DEFINITIONS "Applicant" means an individual for whom an application for services has been completed. "Care Coordination" means a collaborative process that assesses, plans, implements, coordinates, monitors and evaluates the options and services required to meet individual's needs, using communication and available resources to promote quality, cost effective outcomes. Traumatic brain injury care coordination operates with an underlying premise that when individuals reach their optimal level of wellness and functional capability, everyone benefits: the individual and family being served, their community support systems, the healthcare delivery system, and insurance carriers. The primary functions of TBI care coordination are to:

A. Maximize individual and family understanding and participation through education and support. B. Advocate for individual wellness and autonomy through advocacy, communication and identification of service resources.

C. Optimize access to appropriate community services.

D. Integrate and coordinate service delivery by multiple sources and to prevent fragmentation of services. "Care Coordination Plan" means a written plan that identifies the specific services that will be coordinated for the program participant, and that is signed by the program participant or his/her designated personal representative.

"Contractor" means an organization or entity that is under contract with the Department to perform intake and eligibility determination services or to provide services to program participants.

"Designated personal representative" means a parent of a minor, legal guardian or conservator, or other person who has been designated by an applicant or program participant to represent him or her.

"Funding of last resort" means that the individual has no other funding source and that no other funding source is available that covers the program services the individual is requesting. An individual is not required to exhaust all private funds in order to be eligible for program services. "Program" means the Colorado Traumatic Brain Injury Program, as defined in Title 26, Article 1, Part 3, C.R.S.

"Program participant" means an individual for whom an application for program services has been completed, who has been determined to meet all of the program eligibility criteria, and who has been referred to a contactor to receive program services or to be placed on the contractor's wait list for services.

"Protected health information" means any information about an applicant or program participant that is protected under the Health Insurance Portability and Accountability Act of 1996, Public Law Number 104-191, which is incorporated by reference. No later amendments or editions are incorporated. This information will be included in the program application materials and may be obtained by requesting an application for program services. Copies of this material are also available for review by contacting the Traumatic Brain Injury Program Director, Colorado Department of Human Services, 3520 W. Oxford Avenue, Denver, Colorado 80236; or at any State publications depository library.

"Subrogation" means that the individual must reimburse the Program for funded services if he/she recovers expenses from a third party.

"Traumatic Brain Injury (TBI)" means damage to the brain caused by external physical force, including acceleration/deceleration injuries. This does not include brain injury caused by a congenital causation, degenerative diseases, surgical interventions or anoxia. There must be adequate medical or clinical documentation of the injury, and the injury must be of sufficient severity to produce partial or total disability as a result of impaired cognitive ability and/or physical function.

"TBI Board" means the Colorado Traumatic Brain Injury Board created pursuant to Section 26-1- 302, C.R.S.

12.530 ELIGIBILITY Individuals seeking program services or their designated personal representatives shall complete an application form prescribed by the State Department. The applicant must provide his/her social security number for use as a unique client identifier.

Applicants shall be subject to an intake and screening process to determine program eligibility. A contractor shall complete the intake and screening process. As part of the application process, the applicant or his/her designated personal representative must sign a statement attesting to the accuracy of the information provided. Applicants who meet all of the following criteria are eligible to receive program services: A. The applicant has a traumatic brain injury; and, B. The applicant is a legal Colorado resident. This includes legal immigrants but does not include illegal or undocumented aliens residing in the State; and, C. The Colorado Traumatic Brain Injury Program is the funding of last resort for the services the applicant is requesting; and, D. The applicant or his/her designated personal representative agrees to subrogation; and, E. The applicant or his/her designated personal representative agrees to sign an authorization form to release protected health information for the purpose of allowing communication with and between the care coordination agency and all service providers listed in the care coordination plan; and, F. The applicant or his/her designated personal representative agrees to sign an authorization form to obtain protected health information if the contractor performing client intake and eligibility determines that this information is necessary to document the presence of a traumatic brain injury.

12.540 SERVICES [Rev. eff. 3/1/07] Contractors shall provide program services. Contractors may sub-contract with service providers, with the approval of the Department.

All program participants who receive program services shall receive care coordination services. A. Additional client services may be provided as program funds permit. Program services may include, but are not limited to:

1. Community residential services;

2. Structured day program services;

3. Psychological and mental health services for the individual with the traumatic brain injury and the individual's family;

4. Prevocational services;

5. Supported employment;

6. Companion services;

7. Respite care;

8. Occupational therapy;

9. Speech and language therapy;

10. Cognitive rehabilitation;

11. Physical rehabilitation; and, 12. One-time home modifications.

B. Program services shall not include institutionalization, hospitalization, or medications. C. Program services shall only be provided, as necessary, for a period of one year from the date services begin.

Effective March 1, 2007, a program participant may only receive program services for a total of one year during his or her lifetime, except that:

1. Any services received prior to March 1, 2007, shall not count against the lifetime service limit; and, 2. A program participant who is receiving program services as of March 1, 2007, may complete his or her current year of services and those services shall not count against the lifetime service limit. The participant may subsequently apply for one more year of services. D. Contractors shall provide program services. Contractors may sub-contract with service providers, with approval of the department.

The contractor providing care coordination services shall cooperatively develop a written transition plan with each program participant prior to the time the participant reaches his or her lifetime service limit. The transition plan shall identify the participant’s needs for further services and support, and the resources that are available in participant’s community to assist in meeting his or her identified needs. 12.541 Case Closure [Eff. 3/1/07] Care coordination agencies shall establish and publish written guidelines for closing cases. These guidelines shall respect and accommodate the cognitive and behavioral challenges following traumatic brain injury. Program participants shall be treated sensitively and fairly in any case closure discussions and decisions.

A. The Traumatic Brain Injury Board shall approve the written guidelines for closing cases. B. A case may be closed when a program participant:

1. Has met his or her goals and elects to discontinue services; 2. Has moved out of state;

3. Cannot be located by the care coordination agency after at least six attempts have been made over a period of at least two months;

4. Has been institutionalized under circumstances which preclude delivery of services for at least six months;

5. Has been non-cooperative with, or abusive of, the care coordination agency staff and/or service providers to the extent that services cannot be delivered; or, 6. Has died.

In the absence of one of the above criteria, a case may not be closed solely because a program participant exhibits behavior that is caused by his or her traumatic brain injury, such as forgetting scheduled appointments or difficulties communicating with the care coordinator. C. When a case is closed, the program participant shall be provided written notification of this action, and of his or her appeal rights and the process of how to appeal. 12.550 APPEALS AND GRIEVANCES Applicants and program participants and their designated personal representatives shall have the right to file grievances and appeals.

12.551 Grievance Process A "grievance" is an oral or written complaint or expression of dissatisfaction about any matter other than a decision that may be appealed. A grievance may address issues such as the quality of services provided, the person providing services, the timeliness of services, the accessibility of service locations, or the availability of staff.

A. Applicants and program participants and their designated personal representatives shall have ninety (90) calendar days from the date of the incident to file a grievance expressing a complaint or dissatisfaction with any matter other than a decision that may be appealed. B. The contractor shall accept oral and written grievances, and shall document oral grievances in writing. C. The contractor shall give applicants and program participants reasonable assistance in filing a grievance and completing procedural steps in the grievance process, upon request. D. The contractor shall ensure that the individuals who make decisions on grievances are individuals who are not a subject of the grievance and who were not involved in any previous level of review or decision-making regarding the grievance.

E. The contractor shall provide a reasonable opportunity for the individual making the grievance to present information, in person as well as in writing.

F. The contractor shall resolve each grievance and provide written notice within thirty (30) calendar days from the date the contractor receives the grievance. The notice shall include the contractor's proposed resolution to the grievance, the individual's right to further grieve the contractor's proposed resolution to the Colorado Traumatic Brain Injury Board or its designee, and information on how to contact the Board or its designee.

G. Applicants and program participants and their designated personal representatives shall have ninety (90) calendar days from the date of the contractor's notice to submit their grievance to the Colorado Traumatic Brain Injury Board or its designee.

H. The grievance process shall be an informational dispute resolution process. The decision of the Colorado Traumatic Brain Injury Board or its designee shall be final. 12.552 Appeal Process An "appeal" is a request to review a decision of a contractor to deny or revoke program eligibility or to deny, reduce, suspend or terminate the delivery of program services. A. The contractors performing eligibility determinations and providing program services shall provide written notice to applicants and program participants of decisions adversely impacting the individual's eligibility and program services. The notice shall include the decision the contractor has made, the reasons for the decision, the individual's right to appeal the contractor's decision, and the appeal procedures.

B. Applicants and program participants and their designated personal representatives shall have ninety (90) calendar days to file an appeal from the date of the contractor's notice. C. The contractor shall accept oral and written appeals, and shall document oral appeals in writing. D. The contractor shall give applicants and program participants reasonable assistance in filing an appeal and completing procedural steps in the appeal process, upon request. E. The contractor shall ensure that the individuals who make decisions on appeals are individuals who were not involved in any previous level of review or decision-making regarding the decision under appeal.

F. The contractor shall provide a reasonable opportunity for the individual making the appeal to present information, in person as well as in writing.

G. The contractor shall resolve each appeal and provide written notice within thirty (30) calendar days from the date the contractor receives the appeal. The notice shall include the contractor's decision regarding the appeal, the individual's right to a second level appeal to the Colorado Department of Human Services, Office of Appeals, and information on how to contact the Office of Appeals.

H. Applicants and program participants and their designated personal representatives shall have ninety (90) calendar days from the date of the contractor's notice to file a second-level appeal with the Department of Human Services, Office of Appeals.

I. The Office of Appeals shall have the right to additional information and may request oral argument or a hearing if it deems necessary.

J. The applicant, program participant or designated personal representative may represent himself/herself or use legal counsel or other spokesperson at a hearing. K. The decision of the Office of Appeals shall constitute final agency action. L. The contractor whose decision is under appeal shall participate in the appeals process, provide any documentation required, and implement any decision made by the Office of Appeals. M. The appeal process shall be conducted pursuant to Section 24-4-105 and 106, C.R.S.