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1974 Colorado Attorney General Reports and Opinions 1 (1974)

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DEPARTMENT OF LAW
JOHN P. MOORE            OFFICE OF THE ATTORNEY GENERAL    JOHN E. BUSH
ATTORNEY GENERAL              104 STATE CAPITOL         DEPUTY ATTORNEY GENERAL
DENVER, COLORADO 80203
January 3, 1974
Mr. Con F. Shea
Executive Director
Deipartment of Social Services
1575 Sherman Street
Denver, Colorado   80203
Dear Mr. Shea:
This is in reply to your letter of October 1, 1973,
requesting an opinion as to the interpretation of C.R.S. 1963.,
119-8-8(3), as amended by House Bill 1003 of the 1973 General
Assembly.
FACTS:        House Bill 1003 of the 1973 General Assembly revised
the Child Care Act, C.R.S. 1963, 119-8-8(3), to provide that all
hearing;s under the Child Care Act be conducted by a hearing officer
of the Department who shall render his decision, which shall be the
final decision of the Department, but left in a provision that in
any hearing a board of review shall preside. As amended, C.R.S.
1963, 119-8-8(3), now reads as follows:
(3) The department shall suspend, revoke, or
refuse to renew a license only in conformity
with the provisions and procedures specified
in Article 16 of Chapter 3, C.R.S. 1963, and
after.a hearing thereon as provided in said.
Article 16, EXCEPT THAT ALL HEARINGS UNDER
THIS ARTICLE SHALL BE CONDUCTED BY A HEARING
OFFICER OF THE DEPARTMENT WHO SHALL RENDER
HIS DECISION, WHICH SHALL BE THE FINAL DECISION
OF THE DEPARTMENT. In any such hearing a board
of review, consisting of the director of public
welfare or his representative, the director of
the division of children and youth, and the
official of the department charged with the
direct administration of this article, shall
preside . . .

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