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.
Tag Archives: CRS 24-4-106
In Re: Colorado Medical Board v. Office of Administrative Courts; Matthew E. Norwood, ALJ, and Polly Train, MD, 2014CO51 (June 23, 2014)
Marilyn Marks v. Gessler, Colorado Secretary of State and Judd Choate, [Director of Elections], 2013COA115 (Aug. 1, 2013)
Larimer County Board of Commissioners, Grand County Board of Commissioners, Board of Assessment Appeals v. Colorado Property Tax Administrator, and YMCA of the Rockies, 2013COA49 (April 11, 2013)
“Young man, young man, what do you wanna be?” – YMCA, The Village People. The YMCA is a Christian organization and sought religious and charitable use tax exemptions from property taxes. The exemption applications were eventually denied. The Colo. Const. provides for both exemptions, as does CRS 39-2-117, 39-3-106 and 108. Each are determined by examining the property’s use, not the character of the entity. Activities of religious organizations that further their religious purposes constitute religious worship, and entities can use facilities for charitable purposes without requiring participation in entity-organized activities. In each case, the Tax Board failed to examine whether the activities furthered declared religious or charitable purposes. The court of appeals reversed, remanded and ordered the Board to apply the correct legal standards for each exemption.