Professional Licensing Appeal - Colorado

PROFESSIONAL LICENSING APPEAL - COLORADO

OVERVIEW

This template provides forms and guidance for appealing professional licensing disciplinary actions in Colorado. The Colorado Administrative Procedure Act (APA), C.R.S. § 24-4-101 et seq., governs administrative proceedings for licensing boards. The Department of Regulatory Agencies (DORA), Division of Professions and Occupations (DPO), administers most professional licenses. Disciplinary hearings are often conducted by Administrative Law Judges (ALJs) from the Office of Administrative Courts (OAC). Judicial review is obtained under C.R.S. § 24-4-106 by filing a petition in either the District Court or the Court of Appeals, depending on the specific licensing statute. The petition must be filed within 35 days of service of the final agency order.

SECTION 1: APPEAL COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]

RE: Petition for Judicial Review of Agency Decision
Licensee: [________________________________]
License Type: [________________________________]
License Number: [________________________________]
Board/Regulatory Authority: [________________________________]
Date of Final Agency Order: [__/__/____]

Dear Clerk of Court:

Please find enclosed for filing the following documents in connection with the above-referenced petition for judicial review:

☐ Petition for Judicial Review of Final Agency Order
☐ Memorandum of Law in Support
☐ Motion for Stay of Enforcement Pending Judicial Review
☐ Affidavit/Declaration of Petitioner
☐ Certified Copy of Final Agency Order
☐ Notice of Appearance of Counsel
☐ Certificate of Service
☐ Filing Fee ($ [____])
☐ Proposed Order for Stay

Filing is timely under C.R.S. § 24-4-106(4), which requires the petition to be filed within 35 days after the date of service of the final agency order.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Colorado Attorney Registration No. [____]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

SECTION 2: PETITION FOR JUDICIAL REVIEW

[☐ IN THE DISTRICT COURT, [________________________________] COUNTY, STATE OF COLORADO]
[☐ IN THE COLORADO COURT OF APPEALS]

[________________________________],
Petitioner,

vs.

[________________________________],
Respondent.

Case No. [________________________________]

PETITION FOR JUDICIAL REVIEW OF FINAL AGENCY ORDER

(C.R.S. § 24-4-106)

I. INTRODUCTION

1. Petitioner [________________________________] ("Petitioner") files this Petition for Judicial Review pursuant to C.R.S. § 24-4-106, seeking review of the final agency order of the [________________________________] ("Board" / "Regulatory Authority" / "Respondent") dated [__/__/____], which imposed the following action: [☐ revocation / ☐ suspension / ☐ letter of admonition / ☐ denial / ☐ probation / ☐ fine / ☐ limitation on practice / ☐ mandatory education / ☐ other: ________________] upon Petitioner's [________________________________] license/certificate/registration, No. [________________________________].

II. JURISDICTION AND VENUE

2. This Court has jurisdiction over this matter pursuant to C.R.S. § 24-4-106, which provides for judicial review of final agency actions.

3. [☐ Review lies in the District Court because the specific licensing statute does not direct review to the Court of Appeals. / ☐ Review lies in the Colorado Court of Appeals because the specific licensing statute (C.R.S. § [________________________________]) directs review to the Court of Appeals.]

4. [If District Court:] Venue is proper in [________________________________] County.

III. TIMELINESS

5. The final agency order was served on Petitioner on [__/__/____].

6. This Petition is filed within 35 days of the date of service of the final agency order, as required by C.R.S. § 24-4-106(4).

IV. EXHAUSTION OF ADMINISTRATIVE REMEDIES

7. Petitioner has exhausted all available administrative remedies. Specifically: [________________________________]

V. PARTIES

8. Petitioner [________________________________] is an individual who holds or held [________________________________] License/Certificate/Registration No. [________________________________], issued by the State of Colorado, residing at [________________________________].

9. Respondent [________________________________] is a regulatory authority within the Department of Regulatory Agencies, Division of Professions and Occupations, with its principal office at [________________________________].

VI. PROCEDURAL HISTORY

10. On or about [__/__/____], the regulatory authority initiated disciplinary proceedings by [☐ filing a notice of charges and formal complaint / ☐ issuing an order to show cause / ☐ filing a complaint with the OAC / ☐ other: ________________].

11. The matter was referred to the Office of Administrative Courts for hearing before an Administrative Law Judge.

12. A hearing was conducted on [__/__/____] before Administrative Law Judge [________________________________].

13. On [__/__/____], the ALJ issued an Initial Decision recommending [________________________________].

14. On [__/__/____], the regulatory authority reviewed the Initial Decision and issued a Final Agency Order that [☐ adopted the Initial Decision / ☐ partially adopted the Initial Decision / ☐ reversed the Initial Decision / ☐ modified the sanctions].

15. The Final Agency Order was served on Petitioner on [__/__/____].

SECTION 3: STATEMENT OF ISSUES ON APPEAL

The following issues are presented for judicial review:

☐ Whether the agency action is arbitrary or capricious
☐ Whether the agency action is a denial of statutory right
☐ Whether the agency action is contrary to constitutional right, power, privilege, or immunity
☐ Whether the agency action is in excess of statutory jurisdiction, authority, purposes, or limitations
☐ Whether the agency action is not in accord with procedures or procedural limitations
☐ Whether the agency action constitutes an abuse or clearly unwarranted exercise of discretion
☐ Whether the agency's findings of fact are clearly erroneous on the whole record
☐ Whether the agency action is unsupported by substantial evidence when the record is considered as a whole
☐ Whether the penalty is excessive or disproportionate
☐ Whether the Board improperly modified the ALJ's Initial Decision
☐ Other: [________________________________]

SECTION 4: GROUNDS FOR APPEAL

Pursuant to C.R.S. § 24-4-106(7), the Court may set aside agency action, findings, and conclusions found to be:

A. Arbitrary or Capricious

☐ The agency's reasoning is irrational or without a rational basis
☐ The agency treated similarly situated licensees inconsistently
☐ The agency failed to consider relevant factors
☐ The agency considered irrelevant factors
☐ Other: [________________________________]

B. Denial of Statutory Right

☐ The agency's action denies Petitioner rights conferred by statute
☐ The agency failed to apply the correct statutory standard
☐ The agency misinterpreted the governing statute
☐ Other: [________________________________]

C. Contrary to Constitutional Right, Power, Privilege, or Immunity

☐ The agency violated Petitioner's due process rights
☐ The agency denied Petitioner equal protection of law
☐ The agency's action constitutes an unconstitutional taking
☐ Other: [________________________________]

D. In Excess of Statutory Jurisdiction or Authority

☐ The agency lacks jurisdiction over the subject matter
☐ The agency imposed discipline for conduct outside the scope of the practice act
☐ The agency imposed a sanction not authorized by statute
☐ The agency exceeded its delegated authority
☐ Other: [________________________________]

E. Not in Accord with Procedures or Procedural Limitations

☐ The agency failed to provide adequate notice of the charges
☐ The hearing was not conducted in accordance with the APA (C.R.S. § 24-4-105)
☐ The agency denied Petitioner adequate opportunity to present evidence
☐ The agency improperly considered ex parte communications
☐ The agency failed to follow its own procedural rules
☐ Other: [________________________________]

F. Abuse or Clearly Unwarranted Exercise of Discretion

☐ The penalty imposed is grossly disproportionate to the offense
☐ The agency failed to consider mitigating factors
☐ The agency acted in bad faith or with improper purpose
☐ Other: [________________________________]

G. Findings Clearly Erroneous on the Whole Record

☐ The agency's factual findings are not supported by the record as a whole
☐ Upon reviewing the entire record, the court is left with the definite and firm conviction that a mistake has been made
☐ Other: [________________________________]

H. Unsupported by Substantial Evidence

☐ The agency's findings lack support in the substantial evidence when the record is considered as a whole
☐ The agency relied on insufficient or unreliable evidence
☐ Other: [________________________________]

Detailed Statement of Grounds:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 5: MOTION FOR STAY OF ENFORCEMENT PENDING APPEAL

[☐ IN THE DISTRICT COURT, [________________________________] COUNTY, STATE OF COLORADO]
[☐ IN THE COLORADO COURT OF APPEALS]

[________________________________], Petitioner,
vs.
[________________________________], Respondent.

Case No. [________________________________]

MOTION FOR STAY OF ENFORCEMENT PENDING JUDICIAL REVIEW

(C.R.S. § 24-4-106(6))

Petitioner respectfully moves this Court for an order staying enforcement of the regulatory authority's Final Agency Order pending judicial review, and states:

1. Legal Authority

C.R.S. § 24-4-106(6) provides that the court may grant a stay of the agency order on appropriate terms pending completion of the review proceedings. The agency itself may also grant a stay pending review.

2. Likelihood of Success on the Merits

☐ Petitioner is likely to prevail on the merits because: [________________________________]

3. Irreparable Harm

☐ Petitioner will suffer irreparable harm absent a stay because: [________________________________]

4. Public Interest

☐ A stay will not harm the public interest because: [________________________________]

5. Balance of Hardships

☐ The balance of hardships favors Petitioner because: [________________________________]

6. Proposed Conditions During Stay

☐ Petitioner will comply with all probationary conditions
☐ Petitioner will practice under the supervision of [________________________________]
☐ Petitioner will refrain from [________________________________]
☐ Petitioner will post a bond in the amount of $[________________________________]
☐ Other: [________________________________]

WHEREFORE, Petitioner requests a stay of the Final Agency Order pending judicial review.

SECTION 6: HEARING PROCEDURES AND TIMELINE

A. DORA Disciplinary Process

B. Types of Disciplinary Sanctions in Colorado

Under DORA's authority, regulatory authorities may impose the following sanctions:

☐ Letter of admonition (least severe; may be challenged through informal hearing)
☐ Fine (amount varies by practice act)
☐ Mandatory continuing education
☐ Probation (with conditions)
☐ Limitation on practice
☐ Suspension (for a specified period)
☐ Revocation (most severe)

C. Letter of Admonition Process

A letter of admonition is a nondisciplinary action that may be issued without a formal hearing. However, the licensee may request that the letter be vacated and that formal proceedings be initiated. If requested:
☐ The letter of admonition is vacated
☐ The regulatory authority must file formal charges if it wishes to proceed
☐ A hearing is conducted before an ALJ at the OAC

D. Judicial Review Procedures

• Filing Deadline: Within 35 days after service of the final agency order (C.R.S. § 24-4-106(4))
• Court: District Court or Court of Appeals, depending on the specific licensing statute
• Record: The agency must certify and transmit the record (C.R.S. § 24-4-105(15))
• Scope: Review on the record; no jury
• Standard: Multiple grounds under C.R.S. § 24-4-106(7)
• Stay: Available upon appropriate terms (C.R.S. § 24-4-106(6))
• Further Appeal: From District Court to Court of Appeals; from Court of Appeals to Supreme Court (by certiorari)

SECTION 7: EVIDENCE AND DISCOVERY

A. Administrative Record Contents

The administrative record filed with the Court should include:

☐ Notice of charges and formal complaint
☐ Licensee's answer or response
☐ All prehearing motions, stipulations, and orders
☐ Complete transcript of the evidentiary hearing
☐ All exhibits admitted into evidence
☐ All exhibits offered but excluded, with rulings
☐ Written arguments or post-hearing briefs
☐ ALJ's Initial Decision with findings of fact and conclusions of law
☐ Parties' exceptions or objections to Initial Decision
☐ Board's Final Agency Order
☐ Proof of service of the Final Agency Order

B. Supplementing the Record

Under C.R.S. § 24-4-106(7), the court generally reviews the case on the record made before the agency. The court may remand to the agency for additional evidence in limited circumstances:

☐ There is material evidence that was unavailable at the time of the hearing
☐ There is evidence of procedural irregularities not reflected in the record
☐ The record is incomplete or inadequate for meaningful judicial review

C. Discovery at the OAC

The Office of Administrative Courts permits discovery consistent with the Colorado Rules of Civil Procedure, including:

☐ Interrogatories
☐ Requests for production of documents
☐ Depositions
☐ Requests for admission
☐ Subpoenas for witnesses and documents

SECTION 8: STANDARD OF REVIEW

Colorado Standard of Review (C.R.S. § 24-4-106(7))

The court may set aside agency action, findings, and conclusions found to be:

Substantial Evidence Standard: Colorado defines "substantial evidence" as such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. The court considers the entire record, including evidence that detracts from the agency's findings.

Clearly Erroneous Standard: A finding is "clearly erroneous" when, although there is evidence to support it, the reviewing court on the entire record is left with the definite and firm conviction that a mistake has been made.

Deference to Agency: Colorado courts give deference to agency factual findings but review questions of law de novo. The court does not reweigh the evidence but examines whether the agency's decision has a reasonable basis in the record.

ALJ vs. Board Findings: When the Board modifies or reverses the ALJ's Initial Decision, courts may give less deference to the Board's credibility determinations since the Board did not observe the witnesses. The ALJ's findings carry particular weight on credibility issues.

Penalty Review: Colorado courts may review the proportionality of the sanction. A sanction that is grossly disproportionate may be set aside as arbitrary and capricious or as an abuse of discretion.

SECTION 9: PETITION FOR REINSTATEMENT / RESTORATION OF LICENSE

[__/__/____]

[________________________________]
[________________________________]
[________________________________]

RE: Application for Reinstatement of License
Applicant: [________________________________]
Former License Type: [________________________________]
Former License Number: [________________________________]

APPLICATION FOR REINSTATEMENT OF REVOKED / SURRENDERED LICENSE

Applicant [________________________________] respectfully applies to the [________________________________] for reinstatement of [his/her/their] [________________________________] license and states:

1. Background

Applicant's license was [☐ revoked / ☐ suspended / ☐ voluntarily surrendered] on [__/__/____] based upon: [________________________________]

2. Eligibility

☐ The minimum waiting period of [____] years has elapsed since the revocation/surrender
☐ All conditions of the prior order have been satisfied
☐ All required remedial education and courses have been completed
☐ All fines, costs, and restitution have been paid
☐ The applicable practice act permits reinstatement (cite: C.R.S. § [________________________________])

3. Evidence of Rehabilitation

☐ Continuing education completion certificates (attached)
☐ Compliance documentation for all prior conditions
☐ Character reference letters from [____] individuals (attached)
☐ Evidence of current professional competence
☐ Clean criminal record since discipline (attach CBI background check)
☐ Substance abuse treatment and recovery documentation (if applicable)
☐ Mental health treatment documentation (if applicable)
☐ Employment history since discipline
☐ Community involvement
☐ Other: [________________________________]

4. Proposed Practice Plan

☐ Applicant proposes supervised practice with: [________________________________]
☐ Applicant agrees to probationary conditions for [____] years
☐ Applicant agrees to practice limitations: [________________________________]
☐ Applicant agrees to continuing monitoring: [________________________________]

5. Verification

I verify under penalty of perjury that the foregoing is true and correct.

Date: [__/__/____]
Signature: [________________________________]

SECTION 10: COMMON COLORADO LICENSING BOARDS DIRECTORY

Department of Regulatory Agencies (DORA):
Division of Professions and Occupations
1560 Broadway, Suite 1350
Denver, CO 80202
Phone: (303) 894-7800
Website: https://dpo.colorado.gov/

Office of Administrative Courts (OAC):
1525 Sherman Street, 4th Floor
Denver, CO 80203
Phone: (303) 866-2000

SECTION 11: DOCUMENT CHECKLIST

Pre-Appeal Preparation

☐ Obtain and review the Final Agency Order
☐ Review the Notice of Charges and Formal Complaint
☐ Obtain complete transcript of the OAC hearing
☐ Review the ALJ's Initial Decision
☐ Review the Board's modifications to the Initial Decision (if any)
☐ Determine whether review lies in District Court or Court of Appeals
☐ Calculate the 35-day filing deadline from service of the Final Agency Order
☐ Confirm exhaustion of administrative remedies
☐ Research specific practice act provisions for the profession

Filing Package

☐ Petition for Judicial Review (original + copies per local rules)
☐ Cover letter to Clerk of Court
☐ Filing fee
☐ Certificate of Service
☐ Certified copy of Final Agency Order
☐ Designation of record (if required)

Optional Filings

☐ Motion for Stay of Enforcement (C.R.S. § 24-4-106(6))
☐ Supporting affidavit/declaration
☐ Proposed order for stay
☐ Memorandum of law in support
☐ Motion for expedited review

Service Requirements

☐ Serve the regulatory authority/Board
☐ Serve the Colorado Attorney General
☐ Serve all parties of record
☐ File proof of service with the Court

Post-Filing Actions

☐ Request certification and transmittal of the administrative record
☐ Review the record for completeness
☐ File any objections to the record
☐ Prepare and file opening brief per court schedule
☐ Prepare and file reply brief (if applicable)
☐ Prepare for oral argument (if scheduled)

SECTION 12: PRACTICE TIPS FOR COLORADO LICENSING APPEALS

1. Court of Appeals vs. District Court: Some Colorado licensing statutes direct judicial review to the Court of Appeals rather than the District Court. Check the specific practice act (C.R.S. Title 12) to determine the correct court. Filing in the wrong court can be fatal.

2. 35-Day Filing Deadline: Colorado's 35-day deadline (C.R.S. § 24-4-106(4)) runs from the date of service of the final agency order. This deadline is jurisdictional and strictly enforced.

3. Letter of Admonition Option: A letter of admonition may be offered as a nondisciplinary resolution. However, the licensee may reject the letter and demand formal proceedings. Evaluate whether the letter's terms are acceptable and understand its reporting implications.

4. DORA Investigation Process: DORA investigations can be lengthy. Cooperate with investigators (to the extent advisable) but be aware that statements made during the investigation may be used in formal proceedings.

5. OAC ALJ Hearings: The Office of Administrative Courts provides independent ALJs. The ALJ's Initial Decision carries significant weight, especially on credibility issues. If the Board modifies the ALJ's decision, the reasons for departure should be carefully examined.

6. Board Modification of ALJ Decision: When the Board reverses or modifies the ALJ's Initial Decision, particularly on credibility grounds, courts may scrutinize the Board's decision more closely, since the Board did not observe the witnesses.

7. Multiple License Types: Colorado's Title 12 was reorganized effective 2019, consolidating many licensing statutes. Verify current statutory citations, as older references may be outdated.

8. Sunset Reviews: Colorado conducts sunset reviews of licensing boards through DORA. Sunset review findings may be relevant to arguments about the board's authority or procedures.

9. Informal Settlement: DORA often offers informal settlement before filing formal charges. Consent agreements can resolve matters quickly but have permanent reporting consequences. Evaluate carefully.

10. Stay Requests to the Agency: Under C.R.S. § 24-4-106(6), the agency itself may grant a stay pending review. Consider requesting a stay from the agency first, which may be faster than a court motion.

SECTION 13: SOURCES AND REFERENCES

• Colorado Administrative Procedure Act: C.R.S. § 24-4-101 et seq.
• Judicial Review: C.R.S. § 24-4-106
• DORA/DPO: C.R.S. § 24-34-101 et seq.
• Professional Licensing Statutes: C.R.S. Title 12
• Colorado Division of Professions and Occupations: https://dpo.colorado.gov/
• DORA FAQ: https://dpo.colorado.gov/FAQ
• Office of Administrative Courts: https://www.colorado.gov/oac
• Colorado Rules of Civil Procedure
• Colorado Appellate Rules

This template is provided for informational purposes only and does not constitute legal advice. Laws and regulations change frequently. All statutory citations should be verified before use. Consult with a qualified Colorado attorney before filing any legal document.