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<br />action, the court may direct the agency to decide the
<br />matter promptly.
<br />(11) Every agency shall provide by rule for the
<br />entertaining, in its sound discretion, and prompt
<br />disposition of petitions for declaratory orders to
<br />terminate controversies or to remove uncertainties as to
<br />the applicability to the petitioners of any statutory
<br />provision or of any rule or order of the agency. The
<br />order disposing of the petition shall constitute agency
<br />action subject to judicial review.
<br />(12) Nothing in this article shall affect
<br />statutory powers of an agency to issue an emergency
<br />order where the agency fmds and states of record the
<br />reasons for so finding that inunediate issuance of the
<br />order is imperatively necessary for the preservation of
<br />public health, safety, or welfare and observance of the
<br />requirements of this section would be contrary to the
<br />public interest. Any person against whom an
<br />emergency order is issued, who would otherwise be
<br />entitled to a hearing pursuant to this section, shall be
<br />entitled upon request to an immediate hearing in
<br />accordance with this article, in which proceeding the
<br />agency shall be deemed the proponent of the order.
<br />(13) The administrative law judge or the
<br />hearing officer shall cause the proceedings to be
<br />recorded by a reporter or by an electronic recording
<br />device. When required, the administrative law judge or
<br />the hearing officer shall cause the proceedings, or any
<br />portion thereof, to be transcribed, the cost thereof to be
<br />paid by the agency when it orders the transcription or by
<br />any party seeking to reverse or modify an initial
<br />decision of the administrative law judge or the hearing
<br />officer. If the agency acquires a copy of the
<br />transcription of the proceedings, its copy of the
<br />transcription shall be made available to any party at
<br />reasonable times for inspection and study.
<br />(14) ( a) For the purpose of a decision by an
<br />agency which conducts a hearing or an initial decision
<br />by an administrative law judge or a hearing officer, the
<br />record shall include: All pleadings, applications,
<br />evidence, exhibits, and other papers presented or
<br />considered, matters officially noticed, rulings upon
<br />exceptions, any findings of fact and conclusions of law
<br />proposed by any party, and any written brief filed. The
<br />agency, administrative law judge, or hearing officer
<br />may permit oral argument. No ex parte material or
<br />representation of any kind offered without notice shall
<br />be received or considered by the agency, the
<br />administrative law judge, or by the hearing officer. The
<br />agency, an administrative law judge, or hearing officer,
<br />with the consent of all parties, may eliminate or
<br />summarize any part of the record where this may be
<br />done without affecting the decision. In any case in
<br />which the agency has conducted the hearing, the agency
<br />shall prepare, file, and serve upon each party its
<br />decision. In any case in which an administrative law
<br />judge or a hearing officer has conducted the hearing, the
<br />administrative law judge or the hearing officer shall
<br />prepare and file an initial decision which the agency
<br />shall serve upon each party, except where all parties
<br />
<br />with the consent of the agency have expressly waived
<br />their right to have an initial decision rendered by such
<br />administrative law judge or hearing officer. Each
<br />decision and initial decision shall include a statement of
<br />fmdings and conclusions upon all the material issues of
<br />fact, law, or discretion presented by the record and the
<br />appropriate order, sanction, relief, or denial thereof. An
<br />appeal to the agency shall be made as follows:
<br />(I) With regard to initial decisions regarding
<br />agency action by the department of health care policy
<br />and financing, the state department of human services,
<br />or county department of social services, or any
<br />contractor acting for any such department, under section
<br />26-1-106 (1) (a) or 25.5-1-107 (1) (a), c.R.S., by filing
<br />exceptions within fifteen days after service of the initial
<br />decision upon the parties, unless extended by the
<br />department of health care policy and fmancing, or the
<br />state department of human services, as applicable, or
<br />unless a review has been initiated in accordance with
<br />this subparagraph (I) upon motion of the applicable
<br />department within fifteen days after service of the initial
<br />decision. In the event a party fails to file an exception
<br />within fifteen days, the applicable department may
<br />allow, upon a showing of good cause by the party, for
<br />an extension of up to an additional fifteen days to
<br />reconsider the final agency action.
<br />(II) With regard to initial decisions regarding
<br />agency action of any other agency, by filing exceptions
<br />within thirty days after service of the initial decision
<br />upon the parties, unless extended by the agency or
<br />unless review has been initiated upon motion of the
<br />agency within thirty days after service of the initial
<br />decision.
<br />(b) (I) In the absence of an exception filed
<br />pursuant to subparagraph (1) of paragraph (a) of this
<br />subsection (14), the executive director of the department
<br />of health care policy and financing shall review the
<br />initial decision regarding agency action by such
<br />department in accordance with a procedure adopted by
<br />the medical services board pursuant to section 25.5-1-
<br />107 (1), C.R.S.
<br />(II) In the absence of an exception filed
<br />pursuant to subparagraph (I) of paragraph (a) of this
<br />subsection (14), the executive director of the state
<br />department of human services shall review the initial
<br />decision regarding agency action by such department in
<br />accordance with a procedure adopted by the state board
<br />of human services pursuant to section 26-1-106 (1),
<br />C.R.S.
<br />(III) In the absence of an exception filed
<br />pursuant to subparagraph (II) of paragraph (a) of this
<br />subsection (14), the initial decision of any other agency
<br />shall become the decision of the agency, and, in such
<br />case, the evidence taken by the administrative law judge
<br />or the hearing officer need not be transcribed.
<br />(c) Failure to file the exceptions prescribed in
<br />this subsection (14) shall result in a waiver of the right
<br />to judicial review of the final order of such agency,
<br />unless that portion of such order subject to exception is
<br />different from the content of the initial decision.
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