Chittenden v. Colorado Board of Social Worker Examiners, 2012COA150 (September 13, 2012)

Question: “Are you saying ‘no’ just to say ‘no’?” Answer: “No.” In this case, a complaint against a social worker led the Board of Social Worker Examiners to believe that a violation may have occurred. Instead of disciplining her, the Board made her a settlement offer. The social worker did not accept or reject the offer. Instead, she requested a declaratory order as to whether she could even be disciplined for her actions. The Board refused to issue a decision on that question. The social worker appealed the refusal to make a decision. To be appealable, an agency action must be an “action subject to judicial review.” For the first time, the court of appeals held that, to be appealable, an agency’s decision must be a final agency action. Here, a refusal to make a decision was not a final decision because the social worker’s disciplinary matter was still pending before the Board.

Leave a comment

Filed under Administrative, Appellate Review Challenged, Government

Brief this Case

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s