12 CCR 2518-1-30.940 - 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 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.

Notes

12 CCR 2518-1-30.940

37 CR 15, August 10, 2014, effective 9/1/2014 40 CR 01, January 10, 2017, effective 2/1/2017 41 CR 05, March 10, 2018, effective 4/1/2018 41 CR 09, May 10, 2018, effective 6/1/2018 41 CR 13, July 10, 2018, effective 7/30/2018 42 CR 17, September 10, 2019, effective 10/1/2019 42 CR 23, December 10, 2019, effective 12/30/2019 43 CR 13, July 10, 2020, effective 8/1/2020 43 CR 21, November 10, 2020, effective 11/30/2020 44 CR 11, June 10, 2021, effective 6/30/2021 45 CR 03, February 10, 2022, effective 3/2/2022 45 CR 19, October 10, 2022, effective 11/1/2022