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.4. The Court Does Not Have Jurisdiction Over This Non-Final .4eencv Action <br />It is a conclusive tenet of Administrative Law chat when a party seeks judicial review of <br />an agency's actions. that party may only seek review of "final agency action." State <br />Administrative Procedure Act ("APA"), § 24-4-106(3), C.R.S. See also State Personnel Board v. <br />District Court, 637 P.2d 333 (Colo. 1981) (absent final agency action, a district court does not <br />have the authority to interfere with administrative agency proceedings); Department of Revenue <br />v. District Court, 172 Colo. 144, 470 P.2d 864 (1970) (until an agency makes a determination, <br />any action of the judiciary is premature). In this case, the Board order presented to the Court by <br />the Plaintiffs is an interim order in the NOV hearing process, entered solely to make a legal <br />determination as to the jurisdiction and authority of the Division under the starute. The order <br />does not constitute the Boazd's final adjudication of the rights of:'t~ -artier. <br />The Plaintiffs azgue that because the Boazd's order is "final," it is a final agency action <br />ripe forjudicial review, That assertion ignores the fact that there aze many instances in <br />adjudicatory proceedings, before administrative agencies and courts alike, when a judge or <br />hearing body enters final orders that pertain to the matter before it that are not themselves subject <br />to appeal or review until the whole proceeding or trial is complete and the court enters judgment <br />as t^ the rights of the parties. In fact, the order in this case ;s, as asserted above, -nerely an <br />interim determination of authority and jurisdiction under the Coal statutes, and therefore is not an <br />order constituting final agency action nor one, therefore, ripe forjudicial review before this <br />Court. <br />The Colorado Supreme Court has addressed this same situation in Colorado Health <br />Facilities Review Council v. District Court, 689 P.2d 617 (Colo. ] 984). ]n Colorado Health <br />