Tag Archives: Administrative Subpoena

In Re: Colorado Medical Board v. Office of Administrative Courts; Matthew E. Norwood, ALJ, and Polly Train, MD, 2014CO51 (June 23, 2014)

Jeopardy – Answer: a “subpoena” is different from “discovery,” but an “administrative hearing or proceeding” is the same as a “civil suit.” Question – why does CRS 12-36.5-104, establishing the peer review privilege, extend to a subpoena issued in an administrative proceeding? Reviewing this question pursuant to CAR 21, the Court held that the privilege protects all the records of a professional review committee from all subpoenas and all discovery, and renders such records inadmissible in civil suits including administrative proceedings of an adjudicatory nature. In this case, a doctor was denied a Colorado medical license and appealed the denial. She sought certain Letters of Concern issued by the Medical Board. An ALJ issued a subpoena for the letters. The Board objected and then appealed via CRCP 106 and CRS 24-4-106. Because the records were protected, the Board won.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2013/13SA209.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9408&courtid=2

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Filed under Administrative, Government, Interlocutory Review

State ex. rel. John Suthers, Attorney General and Laura Udis, Administrator, Uniform Consumer Credit Code, v. Tulips Investments, LLC, d/b/a CashBanc, and David Blevins, 2012COA206 (November 21, 2012)

An elderly couple got a pay-day loan with an annual interest rate of 365%. Seriously. The Attorney General (AG) sought to investigate the loan under Colorado’s Uniform Consumer Credit Code and the Consumer Protection Act. After the lender Tulips, a Delaware company, ignored numerous orders to provide information, including an administrative investigative subpoena, the AG obtained a court order to compel compliance. Tulips challenged the jurisdiction of a Colorado court to enforce a subpoena served out-of-state on an out-of-state entity. The trial court concluded it lacked jurisdiction to enforce the subpoena. The court of appeals disagreed on two grounds: 1) the legislature authorized the AG to take reasonable actions to fulfill its statutory duties, and 2) an administrative subpoena is not limited like a judicial subpoena under CRCP 45. The subpoena was enforceable.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA2367-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8756&courtid=1

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Filed under Administrative, Government