Colorado State Board of Public Welfare v. Champion

We will refer to the plaintiffs in error as the Department and to defendant in error by name.

This action was presented to the trial court on stipulated facts for it involves only a question of law. This question is the determination of the validity of a regulation promulgated by the State Department of Public Welfare pursuant to power conferred by C.R.S. ’53, 101-1-2. The portion of the regulation under attack is entitled Section 4214, V, (1) and (2) of Colorado State Department of Public Welfare Manual, Vol. IV, Standards and Procedures.

The trial court determined the regulation to be void…