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.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1872-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8660&courtid=1

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Filed under Administrative, Appellate Review Challenged, Government

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