Administrative Law Flashcards

A party wants to challenge a Colorado agency rule as exceeding the agency's statutory authority. Under the Colorado APA, what is the primary judicial vehicle for such a facial challenge?

Answer: An action for declaratory judgment on the rule's validity

C.R.S. § 24-4-106(2) allows an action for declaratory judgment to determine the validity of a rule.

Under the exhaustion doctrine in Colorado administrative law, a court will generally decline review unless the plaintiff has:

Answer: Pursued all available administrative remedies before suing

Colorado courts require exhaustion of administrative remedies before judicial review unless an exception, such as futility, applies.

Which of the following is a recognized exception to the exhaustion requirement in Colorado?

Answer: Pursuing the administrative remedy would be futile

Colorado excuses exhaustion where the administrative remedy would be futile or inadequate, or where the issue is purely legal.

A Colorado licensing board summarily suspends a license before a hearing. Under the APA and due process principles, summary suspension is permitted only when:

Answer: The agency finds the public health, safety, or welfare imperatively requires emergency action

C.R.S. § 24-4-104 permits summary suspension only upon a finding that public health, safety, or welfare imperatively requires emergency action, with a prompt hearing to follow.

In Colorado administrative hearings, hearsay evidence is:

Answer: Admissible if it is the kind of evidence reasonably prudent persons rely on, though residuum concerns may limit its weight

The APA relaxes formal evidence rules, admitting evidence that reasonably prudent persons rely upon in the conduct of serious affairs.

A rule adopted by a Colorado agency does not take effect until it is published where?

Answer: The Colorado Register

Rules must be filed with the Secretary of State and published in the Colorado Register to become effective.

When a Colorado court reviews an agency's interpretation of its own governing statute, the court:

Answer: Gives the interpretation deference but is not bound and decides legal questions de novo

Colorado courts give respectful consideration to an agency's statutory interpretation but retain de novo review over questions of law.