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Challenging & Enforcing The Final Agency Decision

 

CDHS Office of Appeals

Challenging & Enforcing The Final Agency Decision

 

Requesting Reconsideration of the Final Agency Decision

If you disagree with the Final Agency Decision and believe one of the two circumstances below applies, you can request that the Office of Appeals reconsider its decision. A request for reconsideration must be in writing, and it must be filed with the Office of Appeals within 15 days of the date provided in the Final Agency Decision Certificate of Mailing.  No extensions of time can be granted.  The Office of Appeals cannot consider any request filed after the 15-day time period.

 

For the Office of Appeals to consider a request for reconsideration a party must show that one or both of the following circumstances existed:

 

  1. The party had good cause for failing to file Exceptions by the due date delineated in the Notice of Initial Decision.  The party's request for reconsideration must also include the party's Exceptions to the Initial Decision.

 

  1. The party shows that the Final Agency Decision is based upon a clear or plain error of fact or law.  The party must show that the Office of Appeals based its decision upon a misunderstanding of the clear facts of the case, or has overlooked a rule, statute, or court decision that requires a different decision.

 

Written briefs which merely state support or a general dissatisfaction with the Final Agency Decision or administrative hearing process do not constitute a request for reconsideration.  A document that includes new evidence or presents arguments properly considered and resolved against a party's position does not constitute a request for reconsideration.  This process is limited to correcting an error that occurred in the course of the administrative hearing process.

 

If a request for reconsideration is timely, it will be sent to the opposing party for an opportunity to respond.  Following the comment period, the Office of Appeals will issue an order either granting or denying the request for reconsideration.  If a request for reconsideration is granted, the order will indicate that an Amended Final Agency Decision will follow or that the Final Agency Decision will be vacated and further action will be taken.  The agency is required to implement the Final Agency Decision even if a request for reconsideration has been filed.  Also, a request for reconsideration does not stay (stop the clock) the time period for requesting judicial review of the Final Agency Decision. The Office of Appeals may at its discretion amend the effective date of the Final Agency Decision; if this occurs, the time frame for filing an action in District Court, for filing a request for reconsideration and for implementing the Final Agency Decision would begin from the time of the amended effective date.

 

If a party has identified an error in the Final Agency and the error is obvious and undisputed, such as a typo or internal inconsistency in the Final Agency Decision, a Corrected Final Agency Decision is issued.

 

Review of the Final Agency Decision in District Court

A party may also seek to have the Final Agency Decision reviewed in district court.  Information about this process, including the time frame for filing an appeal, is included in Section 24-4-105 & 106 of the Colorado Revised Statutes.  The timeframe for filing in district court is not modified by filing a Motion for Reconsideration; the two processes run simultaneously.  The Office of Appeals does not have information about the District Court’s requirements.  For this information, please contact the Clerk of the Court for Denver District Court.

 

Complying with the Final Agency Decision

The State or County Department or their agent is required to comply with the Final Agency Decision and act on the Final Agency Decision as delineated in the State Department’s rules.  A party is encouraged to contact their opposing party to obtain information about complying with a Final Agency Decision.  If you are having difficulty communicating with your opposing party, contact the State Department program area that oversees the program that was in dispute during the appeal.  For example, if you have a question about compliance with a Final Agency Decision concerning Food Stamps, you will want to talk with someone in the State Department Food Stamps program.  The State Department program area that oversees the program at issue in the appeal is responsible for the enforcement of Final Agency Decisions.  Many of the programs have contact information on the State Department’s website at http://www.cdhs.state.co.us.  If you are having trouble locating a State Department program area contact, please call the Office of Appeals at (303) 866-5063 and we will attempt to get you the contact information.