Code of Colorado Regulations
2500 - Department of Human Services
2518 - Adult Protective Services
12 CCR 2518-1 - ADULT PROTECTIVE SERVICES
Section 12 CCR 2518-1-30.940 - STATE DEPARTMENT OFFICE OF APPEALS FUNCTIONS

Universal Citation: 12 CO Code Regs 2518-1, ยง 30.940

Current through Register Vol. 47, No. 5, March 10, 2024

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.

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