Administrative Law Flashcards

A homeowner challenges a county zoning board's quasi-judicial decision. In Colorado, the proper vehicle to review a local quasi-judicial action is typically:

Answer: C.R.C.P. 106(a)(4) certiorari review in district court

Quasi-judicial decisions of local governmental bodies are reviewed under C.R.C.P. 106(a)(4), not the state APA.

Under C.R.C.P. 106(a)(4), the reviewing court asks whether the local body:

Answer: Exceeded its jurisdiction or abused its discretion, based solely on the record

Rule 106(a)(4) review is limited to whether the body exceeded its jurisdiction or abused its discretion, judged on the existing record.

Which characteristic distinguishes a quasi-judicial action from a quasi-legislative one in Colorado?

Answer: It applies existing standards to specific facts affecting particular parties after required notice and hearing

Quasi-judicial acts determine rights of specific parties by applying existing criteria to facts, typically with notice and hearing requirements.

A state employee is terminated by a Colorado agency. The employee's right to a pre-termination opportunity to respond stems chiefly from:

Answer: Procedural due process protecting a property interest in continued employment

Certified state employees have a property interest in their positions, triggering due process protections before termination.

Under the Colorado APA, an agency conducting rulemaking must hold a public hearing and allow submission of written comments; notice of proposed rulemaking must be published at least how long before the hearing?

Answer: 20 days

C.R.S. § 24-4-103(3) requires notice of proposed rulemaking at least 20 days before the hearing.

An agency decision is challenged as arbitrary and capricious under C.R.S. § 24-4-106(7). This standard asks primarily whether the agency:

Answer: Failed to consider relevant factors or lacked a rational basis for its action

Arbitrary and capricious review examines whether the agency considered the relevant factors and articulated a rational connection between facts and decision.

The Colorado Open Meetings Law (Sunshine Law) generally requires state public bodies to discuss public business in open meetings when:

Answer: Two or more members of a state public body meet to discuss public business

For state public bodies, meetings of two or more members at which public business is discussed must be open to the public.