CO Code § 25.5-1-107 (2021)
2021 Colorado Code|Title 25.5 - Health Care Policy and Financing|Article 1 - Department of Health Care Policy and Financing|Part 1 - General Provisions|§ 25.5-1-107. Final Agency Action - Administrative Law Judge - Authority of Executive Director

  The executive director may appoint one or more persons to serve as administrative law judges for the state department pursuant to section 24-4-105 and pursuant to part 10 of article 30 of title 24 subject to appropriations made to the department of personnel. Except as provided in subsection (2) of this section, hearings conducted by the administrative law judge are considered initial decisions of the state department and shall be reviewed by the executive director or a designee of the executive director. In the event exceptions to the initial decision are filed pursuant to section 24-4-105 (14)(a)(I), the review must be in accordance with section 24-4-105 (15). In the absence of any exception filed pursuant to section 24-4-105 (14)(a)(I), the executive director shall review the initial decision in accordance with a procedure adopted by the state board. The procedure must be consistent with federal mandates concerning the single state agency requirement. Review by the executive director in accordance with section 24-4-105 (15) or the procedure adopted by the state board pursuant to this section constitutes final agency action. The administrative law judge may conduct hearings on appeals from decisions of county departments of human or social services brought by recipients of and applicants for medical assistance and welfare that are required by law in order for the state to qualify for federal funds, and the administrative law judge may conduct other hearings for the state department. Notice of any such hearing must be served at least ten days prior to such hearing.    Hearings initiated by a licensed or certified provider of services shall be conducted by an administrative law judge for the state department and shall be considered final agency action and subject to judicial review in accordance with the provisions of section 24-4-106, C.R.S., for any party, including the state department, which shall be considered a person for such purposes.     History. Source: L. 93: Entire title added, p. 1101, § 15, effective July 1, 1994. L. 95: (1)(a) and (2) amended, p. 903, § 3, effective May 25; (1)(a) and (1)(c) amended, p. 664, § 101, effective July 1. L. 97: (1)(b) amended, p. 1190, § 10, effective July 1. L. 2005: (1)(c) amended, p. 859, § 25, effective June 1. L. 2006: Entire part amended, p. 1785, § 1, effective July 1. L. 2018: (1) amended,(SB 18-092), ch. 38, p. 443, § 107, effective August 8.    Editor's note:   Amendments to subsection (1)(a) by Senate Bill 95-78 and House Bill 95-1362 were harmonized.   Cross references:   For the legislative declaration contained in the 1995 act amending subsections (1)(a) and (1)(c), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.   ANNOTATION   Under the governing regulations, the department of health care policy and financing lacks authority to base its final agency decision on information that was not presented to the ALJ. Martelon v. Colo. Dept. of Health Care Policy & Fin., 124 P.3d 914 (Colo. App. 2005) (decided prior to the 2006 amendment).