12 CCR 2509-2-7.114 - STATE DEPARTMENT OFFICE OF APPEALS FUNCTIONS
A.
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 founded finding of child abuse or neglect,
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.
Notes
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