Colorado § 12-265-116 - Disciplinary proceedings - administrative law judge - judicial review - publicly recorded votes.

§ 12-265-116. Disciplinary proceedings - administrative law judge - judicial review - publicly recorded votes.

(1) Disciplinary proceedings may be commenced when the board has reasonable grounds to believe that a licensee under the board's jurisdiction has committed acts in violation of section 12-265-113.

(2) Disciplinary proceedings shall be conducted in the manner prescribed by section 12-20-403 and article 4 of title 24, and the hearing and opportunity for review shall be conducted pursuant to those laws by the board or an administrative law judge, at the board's discretion.

(3) No previously issued license to engage in the practice of nursing home administration shall be revoked or suspended until a hearing has been conducted pursuant to section 24-4-105 or, for emergency situations, pursuant to section 24-4-104 (4). The denial of an application to renew an existing license shall be treated in all respects as a revocation.

(4) (a) Complaints, investigations, hearings, meetings, or any other proceedings of the board conducted pursuant to the provisions of this article 265 and relating to disciplinary proceedings are exempt from the provision of any law requiring that proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to the provisions of this article 265 be open to public inspection; except that this exemption applies only when the board, or an administrative law judge acting on behalf of the board, specifically determines that it is in the best interest of a complainant or other recipient of services to keep the proceedings or documents relating thereto closed to the public, or if the licensee is violating section 12-265-113 (1)(g), participating in good faith in a substance use disorder treatment program approved by the board or designed by the board to end any addiction or dependency specified in that section, and the licensee has not violated any provisions of the board order regarding participation in such a treatment program. If the board determines that it is in the best interest of a complainant or other recipient of services to keep the proceedings or documents relating thereto closed to the public, then the final action of the board is open to the public without disclosing the name of the client or other recipient.

(b) Section 12-20-408 governs judicial review of final board actions and orders appropriate for judicial review.

(5) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).

(6) All votes to impose discipline or dismiss a complaint must be recorded in the board's publicly available minutes and indicate how each board member voted on the question.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1387, § 1, effective October 1.

Editor's note: This section is similar to former § 12-39-114 as it existed prior to 2019.