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Facilities. the Colorado Boazd of Health considered an appeal from a decision made by a heazing <br />officer based in part on an argument that the hearing officer had exceeded his jurisdiction in <br />considering certain facts. The Board of Health reached the legal conclusion that the hearing <br />officer had exceeded his jurisdiction and authority, and, on that conclusion, remanded the matter <br />to the hearing officer for further proceedings. Parties to the matter immediately sought judicial <br />review of the Board of Health's order in Denver District Court. The Board of Health, as well as <br />other parties, filed motions to dismiss for lack of subject matterjurisdiction, but the district court, <br />without even the benefit of briefing on [he issue of jurisdiction, heard azgument and denied the <br />motions. The Boazd of Health filed a petition with the Colorado Supreme Court for a writ of <br />prohibition against the district court's exercise of jurisdiction, and the Supreme Court held in <br />favor of the Boazd of Health that the district court lacked jurisdiction to review the interim <br />decision of the Boazd of Health. Id. at 620-21. <br />In Colorado Health Facilities the Supreme Court stated very cleazly why the relief sought <br />by Plaintiffs in this case is inappropriate: <br />... [T]hat the boazd[]'s decision concerned a legal issue of statutory interpretation <br />does not lead inescapably to the conclusion that immediate judicial review is <br />appropriate. Admittistrative proceedings at least implicitly include legal <br />determinations of the agency's jurisdiction under an organic statute, but such <br />determinations generally are not reviewed until the conclusion of the nroceedings. <br />Colorado Health, 689 P.2d at 621. Here, the Board reached the legal conclusion that the <br />Division did not have the authority, under the statutes, to unilaterally vacate the NOV without <br />prejudice without approval of the Board. In short, the Boazd was merely making a legal <br />determination of the agency's jurisdiction under the organic statute prior to the conclusion of the <br />