Colorado § 8-3.3-106 - Director powers and duties - administration - rules - enforcement - hearing officers.

§ 8-3.3-106. Director powers and duties - administration - rules - enforcement - hearing officers.

(1) The director shall enforce, interpret, apply, and administer the provisions of this article 3.3 through rule-making, hearings, and appeals, including the establishment of procedures for:

(a) Designating appropriate bargaining units under section 8-3.3-110;

(b) Selecting, certifying, and decertifying exclusive representatives as provided in this article 3.3; and

(c) Filing, hearing, and determining complaints of unfair labor practices pursuant to section 8-3.3-115.

(2) For the purposes of adjudicating disputes and enforcing the provisions of this article 3.3 and rules adopted pursuant to this article 3.3, the director may conduct hearings and administer oaths, examine witnesses and documents, take testimony and receive evidence, and issue subpoenas to compel the attendance of witnesses and the production of records.

(3) (a) The director may delegate the powers specified in subsection (2) of this section to hearing officers. A hearing officer shall make a decision on each relevant issue raised, including findings of fact, conclusions of law, and an order.

(b) The decision and order of a hearing officer constitutes a final agency action pursuant to section 24-4-106. The director shall promptly provide all parties with a copy of the hearing officer's decision by United States mail or by electronic mail. A party may seek judicial review of the decision pursuant to section 24-4-106.

(4) The director and a hearing officer have the power to enforce provisions of this article 3.3 through the imposition of:

(a) Appropriate administrative remedies;

(b) Actual damages related to employee organization dues;

(c) Back pay, including benefits;

(d) Reinstatement of the county employee with the same seniority status that the employee would have had but for the violation;

(e) Other remedies to address any loss suffered by a county employee or group of county employees from unlawful conduct by a county; and

(f) Declaratory or injunctive relief or provisional remedies, including temporary restraining orders or preliminary injunctions.

(5) The director shall maintain on the division's website:

(a) Current versions of this article 3.3 and the rules adopted pursuant to this article 3.3;

(b) All hearing officer decisions and orders;

(c) All final judgments and written decisions of fact finders pursuant to section 8-3.3-114; and

(d) All administrative determinations of certification and decertification of exclusive representatives.

(6) The director may adopt rules as necessary to implement and administer this article 3.3, including rules:

(a) To establish procedures as specified in subsection (1) of this section;

(b) Governing hearings conducted pursuant to this article 3.3;

(c) Regarding objections to the conduct of an election pursuant to section 8-3.3-109; and

(d) Regarding fact finding pursuant to section 8-3.3-114.

(7) The division shall partner with the federal mediation and conciliation service to offer training in interest-based bargaining upon the mutual request of an employee organization and a county.

Source: L. 2022: Entire article added, (SB 22-230), ch. 260, p. 1907, § 2, effective July 1.