When is Denial of Due Process an Abuse of Discretion?
Posted on: April 30, 2009 by: admin
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When an agency acts in a quasi-judicial capacity, procedural due process requires that the agency give notice and afford an opportunity for a hearing to affected individuals. Douglas County Board of Commissioners v. Public Utilities Commission, 829 P.2d 1303 (Colo. 1992); Feeney v. Colorado Limited Gaming Control Commission, 890 P.2d 173 (Colo. App. 1994). Procedural due process requirements apply when benefits are a matter of statutory entitlement for persons qualified to receive them. Anderson v. Colorado State Department of Personnel, 756 P.2d 969 (Colo. 1988). Hence, due process is mandated here since any PERA member who is found by the Board to be permanently disabled as of the date of termination of employment is entitled to receive disability retirement benefits. Section 24-51-703(1), C.R.S. (1988 Repl. Vol. 10B).
[35] Furthermore, denial of due process by an agency in its exercise of quasi-judicial functions may serve as the basis for a determination under C.R.C.P. 106(a)(4) that the agency abused its discretion. See Carpenter v. Civil Service Commission, 813 P.2d 773 (Colo. App. 1990).
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