Colorado § 24-4-107 - Application of article.

§ 24-4-107. Application of article.

This article applies to every agency of the state having statewide territorial jurisdiction except those in the legislative or judicial branches, courts-martial, military commissions, and arbitration and mediation functions. It applies to every other agency to which it is made to apply by specific statutory reference; but, where there is a conflict between this article and a specific statutory provision relating to a specific agency, such specific statutory provision shall control as to such agency.

Source: L. 59: p. 166, §6. CRS 53: § 3-16-6. C.R.S. 1963: § 3-16-6. L. 69: p. 91, § 7.

ANNOTATION

The State Administrative Procedure Act (APA) applies to the review of rules adopted by the ground water commission. Colo. Ground Water Comm'n v. Eagle Peak Farms, 919 P.2d 212 (Colo. 1996); Parrish v. Water Quality Control Div., 934 P.2d 913 (Colo. App. 1997).

Notice requirements for county liquor license suspension proceedings governed by state provisions. Since the general assembly has not adopted legislation requiring that license suspension proceedings by a county be conducted pursuant to the APA and since a county does not have statewide jurisdiction, the notice requirements for a county proceeding for the suspension of a liquor license are governed by the state liquor code. Chroma Corp. v. County of Adams, 36 Colo. App. 345, 543 P.2d 83 (1975).

When there is a conflict between provisions of the APA and a specific statutory provision relating to a specific agency, the specific statutory provision is deemed controlling in professional disciplinary proceedings before the board of medical examiners. State Bd. of Med. Exam'rs v. Reiner, 786 P.2d 499 (Colo. App. 1989).

The APA does not conflict with, but rather supplements, the appeal procedures set forth in the Colorado Partnership for Quality Jobs and Services Act (Partnership Act). The APA fills the procedural gap left by the Partnership Act when the division of labor standards and statistics assigns a hearing officer to decide an appeal of the state personnel director's coverage decision under §§ 24-50-1106 (4) and 24-50-1115 (1). Colo. Workers for Innovative v. Gherardini, 2023 COA 80, 540 P.3d 950.

No conflict is found between §§ 39-21-105 and 24-4-106 (5) where none plainly appears. Dept. of Rev. v. District Court, 193 Colo. 553, 568 P.2d 1157 (1977).

Air pollution (now air quality) control commission is an "agency" under this section and is subject to the provisions of the APA. CF&I Steel Corp. v. Colo. Air Pollution Control Comm'n, 199 Colo. 270, 610 P.2d 85 (1980).

Fire and police pension association board is not an "agency" for purposes of the APA. Ross v. Fire & Police Pension Ass'n, 713 P.2d 1304 (Colo. 1986).

County cannot challenge rule promulgated by state board of social services. This article is inapplicable in determining whether a county, through its board of commissioners, while not engaged in rule-making, has standing to challenge a rule promulgated by the state board of social services fixing the salaries of county welfare department employees. Bd. of County Comm'rs v. Bd. of Soc. Servs., 186 Colo. 435, 528 P.2d 244 (1974) (decided prior to 1979 amendment of § 24-4-106).

Provisions on marketing orders supersede administrative provisions. The specific procedural requirements for the issuance and administration of marketing orders, as set forth in agricultural marketing act, supersede the general procedure of the administrative code as dictated by stated legislative intent. Shoenberg Farms, Inc. v. People ex rel. Swisher, 166 Colo. 199, 444 P.2d 277 (1968).

Provisions concerning property tax administration in §§ 39-2-117 and 39-2-125 supersede administrative provisions. Colo. Rocky Mtn. Sch., Inc., v. Shriver, 689 P.2d 651 (Colo. App. 1984).

Where provisions of public utilities law and the APA conflict, the former governs. Home Builders Ass'n v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986).

The provisions of §§ 1-40-101 and 1-40-102, rather than the provisions of the APA, govern the initiative title setting board's action in fixing the title, ballot title and submission clause, and summary of a proposed initiative measure. In re Proposed Initiative Entitled W.A.T.E.R., 831 P.2d 1301 (Colo. App. 1992).

The 30-day deadline set forth in § 25-8-404, rather than the 35-day deadline under the APA, governs the window of time for seeking judicial review of a water quality control order. Peabody Sage Creek Min. v. Pub. Health, 2020 COA 127, 484 P.3d 730.

The initiative title setting review board is not acting in an adjudicative or rule-making capacity when it holds a meeting for designating and fixing a title, ballot title and submission clause, and summary. In this context, it is a special statutory body governed by initiative and referendum statutes rather than the APA. Matter of Title, Ballot Title et al., 831 P.2d 1301 (Colo. 1992).

Administrative provisions inapplicable to board of accountancy proceedings. The notice and hearing requirements of § 24-4-104 (3) are of no significance where there is a specific statutory provision concerning the notice and hearing requirements in proceedings before the board of accountancy. People ex rel. Bd. of Accountancy v. McFarland, 37 Colo. App. 93, 543 P.2d 112 (1975).

Former § 12-2-125 (2) (now repealed) required that the person charged be served at least 30 days before the hearing with a written notice stating the nature of the charges against the accused and the time and place of the hearing before the board on such charges. This provision was in conflict with the more detailed notice requirements of the APA. Therefore, the notice requirements of the former provision controlled. Hentges v. Bartsch, 35 Colo. App. 384, 533 P.2d 66 (1975).

And to city's supplying out-of-city customers with water. Denver's action in supplying customers outside the city does not subject the board of water commissioners to the notice and hearing requirements of § 24-4-105. Cottrell v. City & County of Denver, 636 P.2d 703 (Colo. 1981).

The APA does not apply to a board of county commissioners when the board does not have statewide territorial jurisdiction and no statute explicitly states that APA requirements apply to the board. Moss v. Bd. of County Comm'rs for Boulder County, 2015 COA 35, 411 P.3d 918.

Review of quasi-judicial action would ordinarily be brought pursuant to C.R.C.P. 106(a)(4) and not the APA. Moss v. Bd. of County Comm'rs for Boulder County, 2015 COA 35, 411 P.3d 918.

The department of state clearly meets APA's definition of a state agency. Marks v. Gessler, 2013 COA 115, 350 P.3d 883.

Applied in Lontine v. VanCleave, 483 F.2d 966 (10th Cir. 1973); Montgomery Ward & Co. v. Dept. of Rev., 628 P.2d 85 (Colo. 1981); Colo. Water Quality Control Comm'n v. Town of Frederick, 641 P.2d 958 (Colo. 1982); Citizens for Free Enter. v. Dept. of Rev., 649 P.2d 1054 (Colo. 1982).