Lanphier v. Dept

4 Citing cases

  1. No on EE v. Beall

    2024 COA 79 (Colo. App. 2024)

    See § 24-4-105(14)(b)(III), (14)(c), C.R.S. 2023; Lanphier v. Dep't of Pub. Health &Env't, 179 P.3d 148, 151 (Colo.App. 2007). But in this case, the Deputy Secretary initiated agency review on his own motion. See § 1-45-111.7(6)(b); § 24-4-105(14)(a)(II).

  2. Colo. Workers for Innovative & New Sols. v. Gherardini

    540 P.3d 950 (Colo. App. 2023)

    [9] ¶ 23 Thus, under the APA, "any decision made by a hearing officer or administrative law judge is an initial decision, which becomes final only if no exceptions or agency motion are submitted within the allotted time." W.Colo. Congress, 844 P.2d at 1266; see also Lanphier v. Dep’t of Pub. Health & Env’t, 179 P.3d 148, 150 (Colo. App. 2007) ("An initial decision does not become the final decision of an agency until the statutorily established time for appealing the decision to the agency has expired").

  3. Ricchio v. Colo. Sec. Comm'r

    512 P.3d 1058 (Colo. App. 2022)   Cited 3 times

    By requiring such a specific statement, subsection (a)(II) exceptions further the purpose of agency review of initial decisions, providing the agency with an opportunity to correct errors before judicial review is sought." Lanphier v. Dep't of Pub. Health & Env't , 179 P.3d 148, 151 (Colo. App. 2007). Because the failure to file exceptions "result[s] in a waiver of the right to judicial review of the final order of such agency," § 24-4-105(14)(c), a respondent's filing of exceptions preserves his or her due process right to appeal the initial decision.

  4. Idowu v. Nesbitt

    338 P.3d 1078 (Colo. App. 2014)   Cited 3 times

    ¶ 19 Because Steele failed to timely initiate the initial review of her claim, neither Fitzsimons nor the Director erred in denying it. See Lanphier v. Dep't of Pub. Health & Env't, 179 P.3d 148, 152 (Colo.App.2007) (where a state employee fails to comply with procedural requirements for the evaluation of the employee's claims, dismissal is proper).III. Idowu's and Whitfield's Grievances