Professional Licensing Appeal - Colorado

PROFESSIONAL LICENSING APPEAL - COLORADO

Before filing

This notice is for a person seeking review of a final order of a Colorado Title 12 professional regulator when C.R.S. § 12-20-408(1) directs review to the Court of Appeals. Confirm that the order is final, that the governing practice act does not provide another review route, and that the filer was a party to any agency hearing. Section 12-20-408(2) gives district courts initial review of final regulator actions for landscape architects, funeral establishments and crematories, and nontransplant tissue banks. Section 12-20-408(1) also identifies limited district court review of certain cease-and-desist orders. Use the applicable district court procedure for those matters.

Under C.R.S. § 24-4-106(11)(b), file the notice of appeal within 49 days after service of the final agency order, with a certificate showing service on the agency and every other party who appeared before it. For an order delivered in person, the service date is the date of delivery; for an order served by mail, it is the date of mailing. Enter the actual dates below and confirm the appellate filing requirements before submission.

NOTICE OF APPEAL

COLORADO COURT OF APPEALS

Court of Appeals Case No.: [____________] (if assigned)

Agency Case No.: [____________]

Appellant [APPELLANT NAME] gives notice of appeal from the final order entered by [FULL NAME OF TITLE 12 REGULATOR] in agency case [AGENCY CASE NUMBER]. The final order is dated [__/__/____] and was served on [__/__/____] by [METHOD OF SERVICE]. A copy of the order and the agency findings, if any, is attached as Appendix A.

1. Agency action. The order [DESCRIBE THE LICENSE, CERTIFICATE, REGISTRATION, OR OTHER FINAL REGULATORY ACTION]. Appellant was a party to the agency proceeding [DESCRIBE HOW].
2. Review route. This appeal seeks review under C.R.S. §§ 12-20-408(1) and 24-4-106(11). The applicable profession or occupation is [PROFESSION AND TITLE 12 ARTICLE]. [STATE ANY PRACTICE-ACT PROVISION AFFECTING REVIEW].
3. Timeliness. The final order was served on [__/__/____]. This notice is filed on [__/__/____], within the period prescribed by C.R.S. § 24-4-106(11)(b).
4. Advisory issues on appeal (C.A.R. 3(e)(3)). The issues appellant expects to raise are: [LIST EACH ISSUE].
5. Transcript. [A transcript of agency evidence IS / IS NOT needed to resolve the listed issues]. The expected transcript length is [____] pages.
6. Requested disposition. Appellant asks the Court to review the final order and grant relief authorized by C.R.S. § 24-4-106(7), including [SET-ASIDE / REMAND / OTHER SUPPORTED RELIEF].

Date: [__/__/____]

Signature: [________________________________]

Printed name: [________________________________]

Attorney registration number, if counsel: [____________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Certificate of service

I certify that on [__/__/____] I served a copy of this notice of appeal on the agency and every other person who appeared as a party in the agency action, as listed below. The method and address used for each recipient are stated beside the name.

Signature: [________________________________]

Printed name: [________________________________]

APPENDIX A — ORDER AND FINDINGS

[Attach a copy of the appealed final agency order and the agency findings, if any, before filing. C.A.R. 3(e)(6).]

OPTIONAL MOTION TO POSTPONE EFFECTIVE DATE

COLORADO COURT OF APPEALS

Case No.: [____________]

Appellant requests an order postponing the effective date of the final agency action or preserving the parties' rights while review is pending under C.R.S. § 24-4-106(5).

1. The challenged order [DESCRIBE ORDER AND EFFECTIVE DATE].
2. Without interim relief, appellant will suffer irreparable injury because [SPECIFIC FACTS AND SUPPORTING RECORD REFERENCES].
3. Appellant requests [PRECISE RELIEF] subject to [PROPOSED TERMS OR SECURITY, IF ANY].
4. Supporting declaration or exhibits: [IDENTIFY].

Date: [__/__/____]

Signature: [________________________________]

Printed name and contact information: [________________________________]

Certificate of service for motion

I certify that on [__/__/____] I served this motion on [LIST ALL APPELLEES AND COUNSEL] by [METHOD AND ADDRESS FOR EACH].

Signature: [________________________________]

Record designation and filing check

Under C.R.S. § 24-4-106(6) and (11)(c), the person initiating review designates the relevant record and advances its cost; appellate rules govern preparation and transmission. Identify the challenged final order, the ALJ decision if one was issued, pleadings, exhibits, rulings and transcript portions needed for the issues presented. Record designation: [________________________________].

☐ Confirm the regulator's practice act and the review court under § 12-20-408.

☐ Confirm the final order's service date and calculate the 49-day notice deadline.

☐ Attach the appealed order and agency findings, if any, and list the advisory issues in the notice.

☐ File the notice and certificate of service with the Court of Appeals.

☐ Serve the agency and every other party who appeared before it.

☐ Review the current Colorado Appellate Rules for docketing, record designation, briefing and electronic filing.

☐ If interim relief is needed, provide evidence of irreparable injury with the motion.

If the challenged matter is only a letter of admonition, first check C.R.S. § 12-20-404(4)(b): the recipient may request formal disciplinary proceedings in writing within 25 calendar days after the letter is issued; a timely request vacates the letter. A confidential letter of concern is addressed separately in § 12-20-404(5).

Sources and references

• Colorado Revised Statutes, Title 12, §§ 12-20-404 and 12-20-408.
• Colorado Revised Statutes, Title 24, § 24-4-106(5)-(7), (11).

This template requires review and customization by a Colorado-licensed attorney before filing.