As used in this article 4, unless the context otherwise requires:
(1) "Action" includes the whole or any part of any agency rule, order, interlocutory
order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. Any agency
rule, order, license, sanction, relief, or the equivalent or denial thereof which constitutes final
agency action shall include a list of all parties to the agency proceeding and shall specify the date
on which the action becomes effective.
(2) "Adjudication" means the procedure used by an agency for the formulation,
amendment, or repeal of an order and includes licensing.
(3) "Agency" means any board, bureau, commission, department, institution, division,
section, or officer of the state, except those in the legislative branch or judicial branch and
except:
(a) State educational institutions administered pursuant to title 23, except part 1 of article
8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23;
(b) Repealed.
(c) The adjutant general of the National Guard, whose powers and duties are set forth in
section 28-3-106, C.R.S.
(3.5) "Aggrieved", for the purpose of judicial review of rule-making, means having
suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests
including, but not limited to, business, economic, aesthetic, governmental, recreational, or
conservational interests.
(4) "Counsel" means an attorney admitted to practice before the supreme court of this
state.
(5) "Decision" means the determinative action in adjudication and includes order,
opinion, sanction, and relief.
(5.5) "Economic competitiveness" means the ability of the state of Colorado to attract
new business and the ability of the businesses currently operating in Colorado to create new jobs
and raise productivity.
(6) "Initial decision" means a decision made by a hearing officer or administrative law
judge which will become the action of the agency unless reviewed by the agency.
(6.2) "Interested person" includes any person who may be aggrieved by agency action.
(6.5) "Legislative committees of reference" means the committees established by the
rules of the house of representatives and rules of the senate of the general assembly having
jurisdiction over subject matter regulated by state agencies.
(7) "License" includes the whole or any part of any agency permit, certificate,
registration, charter, membership, or statutory exemption.
(8) "Licensing" includes the procedure used by an agency respecting the grant, renewal,
denial, revocation, suspension, annulment, limitation, or modification of a license.
(9) "Opinion" means the statement of reasons, findings of fact, and conclusions of law in
explanation or support of an order.
(10) "Order" means the whole or any part of the final disposition (whether affirmative,
negative, injunctive, or declaratory in form) by any agency in any matter other than rule-making.
(11) "Party" includes any person or agency named or admitted as a party, or properly
seeking and entitled as of right to be admitted as a party, in any court or agency proceeding
subject to the provisions of this article.
(12) "Person" includes an individual, limited liability company, partnership, corporation,
association, county, and public or private organization of any character other than an agency.
(13) "Proceeding" means any agency process for any rule or rule-making, order or
adjudication, or license or licensing.
(14) "Relief" includes the whole or any part of any agency grant of money, assistance,
license, authority, exemption, exception, privilege, or remedy; recognition of any claim, right,
immunity, privilege, exemption, exception, or remedy; or any other action upon the application
or petition of, and beneficial to, any person.
(14.5) "Representative group" means a diverse group convened by an agency prior to
rule-making or invited to participate in the rule-making hearing to give input and to comment on
the effect of the proposed rules. The group should represent different points of view and may
include representatives of persons, businesses, advocacy groups, trade associations, labor
organizations, environmental advocacy groups, consumer advocates, or the regulated industry or
profession affected negatively or positively by proposed rules.
(15) "Rule" means the whole or any part of every agency statement of general
applicability and future effect implementing, interpreting, or declaring law or policy or setting
forth the procedure or practice requirements of any agency. "Rule" includes "regulation".
(16) "Rule-making" means agency process for the formulation, amendment, or repeal of
a rule. "Rule-making" does not include a statutory citation correction authorized by section 24-4-
103 (11)(l).
(17) "Sanction" includes the whole or any part of any agency prohibition, requirement,
limitation, or other condition affecting the freedom of any person; withholding of relief;
imposition of any form of penalty or fine; destruction, taking, seizure, barring access to, or
withholding of property; assessment of damages; reimbursement; restitution; compensation;
costs; charges or fees; requirement; revocation or suspension of a license or the prescription or
requirement of terms, conditions, or standards of conduct thereunder; or other compulsory or
restrictive action.
(18) "Small business" means a business with fewer than five hundred employees.
Source: L. 59: p. 158, § 1. CRS 53: § 3-16-1. C.R.S. 1963: §3-16-1. L. 67: p. 300, § 1.
L. 69: p. 81, § 1. L. 76: (4) amended and (6.5) added, p. 582, § 14, effective May 24. L. 79:
(3.5) added and (12) amended, pp. 842, 843, §§ 1, 1, effective May 26. L. 81: (1) amended, p.
1133, § 1, effective June 6. L. 83: (3) amended, p. 962, § 7, effective July 1, 1984. L. 87: (6)
amended, p. 961, § 64, effective March 13. L. 90: (12) amended, p. 447, § 8, effective April 18.
L. 93: (6.2) added, p. 1325, § 1, effective June 6. L. 2002: (3) amended, p. 586, § 6, effective
May 24. L. 2003: (5.5) and (18) added, p. 2370, § 2, effective August 6. L. 2012: (14.5) added,
(HB 12-1008), ch. 182, p. 691, § 1, effective May 17; (3)(b) repealed, (HB 12-1283), ch. 240, p.
1133, § 44, effective July 1. L. 2013: (3)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 49,
effective August 7. L. 2017: (16) amended, (HB 17-1006), ch. 31, p. 88, § 1, effective March 16.
L. 2021: IP and (3)(a) amended, (HB 21-1264), ch. 308, p. 1876, § 16, effective June 23.
Cross references: (1) For the legislative declaration in the 2012 act repealing subsection
(3)(b), see section 1 of chapter 240, Session Laws of Colorado 2012.
(2) For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session
Laws of Colorado 2021.
Notes of Decisions
CF&I Steel Corp. v. Colorado Air Pollution Control Comm'n, 610 P.2d 85 (Colo. 1980).
· cites it 15× “5 We note that in 1979 the General Assembly added the definition of aggrieved to section 24-4-102, the definition section of the APA: “‘Aggrieved’, for the purpose of judicial review of rule making, means having suffered actual loss or injury or being exposed to potential loss…”
Romer v. Bd. of Cnty. Commissioners, 956 P.2d 566 (Colo. 1998).
· cites it 6× “Rather, section 24-4-106(4) simply addresses the procedures of review available once it is properly established that the dispute is justiciable pursuant to some other statutory grant.”
West Colorado Motors, LLC v. Gen. Motors, LLC, 2016 COA 103 (Colo. Ct. App. 2016).
· cites it 20× “¶ 27 Pursuant to section 24-4-102(1), C.R.S. 2015, the definition of the term “‘[a]ction’ includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.”
Colorado Off. of Consum. Couns. v. Mountain States Tel. & Tel. Co., 816 P.2d 278 (Colo. 1991).
· cites it 12× “" § 24-4-102(10), 10A C.R.S. (1988). While these APA provisions suggest that agency rule-making functions are clearly distinct from agency adjudicative functions, the experience of agency process has proved to be to the contrary.”
Maurer v. Young Life, 779 P.2d 1317 (Colo. 1989).
· cites it 5× “§§ 24-4-102(1), 24-4-102(3), 24-4-106. By contrast, section 39-2-117(6) is a narrow provision which addresses only the availability of judicial review of Board decisions reviewing the Administrator’s determination on an exemption application.”
Home Builders Ass'n of Metro. Denver v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986).
· cites it 5× “” § 24-4-102(10), 10 C.R.S. (1982). A “rule” includes a “regulation” and is defined as “the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice…”
Montgomery Ward & Co. v. State, Dept. of Revenue, 628 P.2d 85 (Colo. 1981).
· cites it 9× “Wards asserts that the 1964 letter from the Department permitting Wards to make returns on the cash basis was a "license" as defined in section 24-4-102(7), C.R.S.1973 (1979 Supp.”
AviComm, Inc. v. Colorado Pub. Utils. Comm'n, 955 P.2d 1023 (Colo. 1998).
· cites it 3× “The proceeding at issue here was clearly adjudicatory, not rule-making, and we acknowledge that different statutory requirements apply to adjudication and rule-making under the Administrative Procedure Act.”
Jefferson Cnty. Sch. Dist. R-1 v. Div. of Labor in the Dep't of Labor & Emp., 791 P.2d 1217 (Colo. Ct. App. 1990).
· cites it 4× “In denying the defendants’ motion for summary judgment, the trial court found that the Division’s requirement that self-insured employers use the payroll statement to calculate the tax owed amounted to a “rule” as defined by the APA, § 24-4-102, C.R.S. (1988 Repl.Vol. 10A). The…”
— Colo. Rev. Stat. § 24-4-102(1) — 17 cases
West Colorado Motors, LLC v. Gen. Motors, LLC, 2016 COA 103 (Colo. Ct. App. 2016).
“¶ 27 Pursuant to section 24-4-102(1), C.R.S. 2015, the definition of the term “‘[a]ction’ includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.”
CF&I Steel Corp. v. Colorado Air Pollution Control Comm'n, 610 P.2d 85 (Colo. 1980).
“5 We note that in 1979 the General Assembly added the definition of aggrieved to section 24-4-102, the definition section of the APA: “‘Aggrieved’, for the purpose of judicial review of rule making, means having suffered actual loss or injury or being exposed to potential loss…”
— Colo. Rev. Stat. § 24-4-102(1)(a) — 1 case
— Colo. Rev. Stat. § 24-4-102(10) — 8 cases
West Colorado Motors, LLC v. Gen. Motors, LLC, 2016 COA 103 (Colo. Ct. App. 2016).
“¶ 27 Pursuant to section 24-4-102(1), C.R.S. 2015, the definition of the term “‘[a]ction’ includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.”
Home Builders Ass'n of Metro. Denver v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986).
“” § 24-4-102(10), 10 C.R.S. (1982). A “rule” includes a “regulation” and is defined as “the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice…”
— Colo. Rev. Stat. § 24-4-102(11) — 5 cases
CF&I Steel Corp. v. Colorado Air Pollution Control Comm'n, 610 P.2d 85 (Colo. 1980).
“5 We note that in 1979 the General Assembly added the definition of aggrieved to section 24-4-102, the definition section of the APA: “‘Aggrieved’, for the purpose of judicial review of rule making, means having suffered actual loss or injury or being exposed to potential loss…”
— Colo. Rev. Stat. § 24-4-102(12) — 9 cases
Romer v. Bd. of Cnty. Commissioners, 956 P.2d 566 (Colo. 1998).
“Rather, section 24-4-106(4) simply addresses the procedures of review available once it is properly established that the dispute is justiciable pursuant to some other statutory grant.”
Maurer v. Young Life, 779 P.2d 1317 (Colo. 1989).
“§§ 24-4-102(1), 24-4-102(3), 24-4-106. By contrast, section 39-2-117(6) is a narrow provision which addresses only the availability of judicial review of Board decisions reviewing the Administrator’s determination on an exemption application.”
— Colo. Rev. Stat. § 24-4-102(13) — 1 case
West Colorado Motors, LLC v. Gen. Motors, LLC, 2016 COA 103 (Colo. Ct. App. 2016).
“¶ 27 Pursuant to section 24-4-102(1), C.R.S. 2015, the definition of the term “‘[a]ction’ includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.”
— Colo. Rev. Stat. § 24-4-102(15) — 17 cases
CF&I Steel Corp. v. Colorado Air Pollution Control Comm'n, 610 P.2d 85 (Colo. 1980).
“5 We note that in 1979 the General Assembly added the definition of aggrieved to section 24-4-102, the definition section of the APA: “‘Aggrieved’, for the purpose of judicial review of rule making, means having suffered actual loss or injury or being exposed to potential loss…”
Jefferson Cnty. Sch. Dist. R-1 v. Div. of Labor in the Dep't of Labor & Emp., 791 P.2d 1217 (Colo. Ct. App. 1990).
“In denying the defendants’ motion for summary judgment, the trial court found that the Division’s requirement that self-insured employers use the payroll statement to calculate the tax owed amounted to a “rule” as defined by the APA, § 24-4-102, C.R.S. (1988 Repl.Vol. 10A). The…”
Home Builders Ass'n of Metro. Denver v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986).
“” § 24-4-102(10), 10 C.R.S. (1982). A “rule” includes a “regulation” and is defined as “the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice…”
— Colo. Rev. Stat. § 24-4-102(16) — 3 cases
Home Builders Ass'n of Metro. Denver v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986).
“” § 24-4-102(10), 10 C.R.S. (1982). A “rule” includes a “regulation” and is defined as “the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice…”
— Colo. Rev. Stat. § 24-4-102(18) — 1 case
— Colo. Rev. Stat. § 24-4-102(2) — 7 cases
Home Builders Ass'n of Metro. Denver v. Pub. Utils. Comm'n, 720 P.2d 552 (Colo. 1986).
“” § 24-4-102(10), 10 C.R.S. (1982). A “rule” includes a “regulation” and is defined as “the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice…”
— Colo. Rev. Stat. § 24-4-102(3) — 25 cases
CF&I Steel Corp. v. Colorado Air Pollution Control Comm'n, 610 P.2d 85 (Colo. 1980).
“5 We note that in 1979 the General Assembly added the definition of aggrieved to section 24-4-102, the definition section of the APA: “‘Aggrieved’, for the purpose of judicial review of rule making, means having suffered actual loss or injury or being exposed to potential loss…”
— Colo. Rev. Stat. § 24-4-102(5) — 1 case
— Colo. Rev. Stat. § 24-4-102(6) — 2 cases
— Colo. Rev. Stat. § 24-4-102(7) — 6 cases
Montgomery Ward & Co. v. State, Dept. of Revenue, 628 P.2d 85 (Colo. 1981).
“Wards asserts that the 1964 letter from the Department permitting Wards to make returns on the cash basis was a "license" as defined in section 24-4-102(7), C.R.S.1973 (1979 Supp.”
— Colo. Rev. Stat. § 24-4-102(8) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.