Basis: The general authority for the promulgation of Rules and Regulations by the Colorado Podiatry Board is set forth in Section 12-32-104(1)(a), C.R.S., as amended. Specific authority for rules regarding exceptions to initial decisions rendered by administrative law judges concerning the denial of licensure and discipline of licensees is found at Sections 12-32-108.3 and 12-32-107(1)(b), C.R.S. (1991 & 1995 Supp.)

Purpose: The following rules are promulgated by the Board to standardize the procedure for the taking of exceptions to initial decisions and related matters. The rule will preserve the opportunity of the Board to review an initial decision where neither the Attorney General's Office nor the Respondent take exception to the decision and the Board is unable to meet to consider the decision prior to the expiration of the 30 days set out in the Administrative Procedure Act. The rule is also designed to set a cutoff date for pleadings so that the Board may consider the record at one sitting and can issue the final order in a prompt manner.

1. The Board hereby determines that it shall be deemed to have preserved its option to initiate review of an initial decision on its own motion pursuant to Section 24-4-105(14)(a)(II), C.R.S., without requiring a vote for each case.

2. Any exceptions to the initial decision and any other initial pleadings must be filed with the Board by 5:00 p.m., 30 days from mailing of the initial decision by the Board. All responsive pleadings must be filed ten days thereafter. No other pleadings will be considered except for good cause shown. Pleadings filed with the Division of Administrative Hearings instead of the Board will not be considered. A copy of all pleadings shall be mailed to the opposing party by these same dates.

3. All requests for oral argument must be filed by the date for initial pleadings set out in paragraph “2” above. Requests for oral argument filed after that date will not be considered. Requests for oral argument may be granted by the Board's staff. Each side shall be permitted five minutes for oral argument.

4. The record must be designated within 20 days of the date of mailing of the initial decision. All transcripts shall be ordered within this time. Transcripts that are ordered but are not furnished to the Board in a timely manner due to nonpayment will not be considered by the Board. The opposing party must designate additional portions of the record within ten days time. All designations must be filed with the Board. Designations filed with the Division of Administrative Hearings will not be considered.

Effective 10/1/95; Reapproved 10/29/99