12 Colo. Code Regs. § 2518-1-30.940
Current through Register Vol. 47, No. 20, October 25, 2024
Section 12 CCR 2518-1-30.940 - STATE DEPARTMENT OFFICE OF APPEALS FUNCTIONSA. Review of the initial decision and hearing record and entry of the final agency decision shall be pursuant to state rules at Sections 3.850.72 - 3.850.73 (9 CCR 2503-8).B. Review shall be conducted by a State adjudicator in the Office of Appeals not directly involved in any prior review of the county report being appealed.C. The final agency decision shall advise the appellant of his/her right to seek judicial review in the State District Court, City and County of Denver, if the appellant had timely filed exceptions to the initial decision.D. If the appellant seeks judicial review of the final agency decision, the State Department shall be responsible for defending the final agency decision on judicial review.E. In any action, in any court challenging a county's substantiated finding against a perpetrator of mistreatment, the State Department will defend the statutes, rules, and State-mandated procedures leading up to the finding, and will defend all county actions that are consistent with statutes, rules, and State-mandated procedures. The State Department shall not be responsible for defending the county department for actions that are alleged to be in violation of, or inconsistent with, State statutes, State rules or State-mandated procedures.37 CR 15, August 10, 2014, effective 9/1/201440 CR 01, January 10, 2017, effective 2/1/201741 CR 05, March 10, 2018, effective 4/1/201841 CR 09, May 10, 2018, effective 6/1/201841 CR 13, July 10, 2018, effective 7/30/201842 CR 17, September 10, 2019, effective 10/1/201942 CR 23, December 10, 2019, effective 12/30/201943 CR 13, July 10, 2020, effective 8/1/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 11, June 10, 2021, effective 6/30/202145 CR 03, February 10, 2022, effective 3/2/202245 CR 19, October 10, 2022, effective 11/1/2022