Arapahoe County Department of Human Services v. Velarde.

2022 CO 18. No. 21SC232.  State Administrative Procedure Act—Judicial Review of Final Agency Action—Judicial Enforcement of Agency’s Final Order—CRS § 24-4-106—Overpayment of Medical Assistance Benefits.

April 11, 2022

The Supreme Court considered whether the 35-day deadline in CRS § 24-4-106(4), which governs proceedings initiated by an adversely affected or aggrieved person seeking judicial review of an agency’s action, applies to proceedings initiated by an agency seeking judicial enforcement of one of its final orders. The Court held that although the 35-day deadline in subsection 106(4) applies to an adversely affected or aggrieved person’s suit seeking judicial review of an agency’s action, it does not apply to an agency’s suit seeking judicial enforcement of one of its final orders. Therefore, the Court of Appeals incorrectly applied the 35-day deadline in subsection 106(4) in ruling that this judicial enforcement case was untimely filed. The Court of Appeals’ judgment was reversed and the case was remanded for further proceedings consistent with this opinion.