Colorado Department of Social Services v. Bethesda Care Center, Inc.

Opinion by

Judge RULAND.

In an administrative hearing conducted pursuant to the Administrative Procedure Act, § 24-4-105, C.R.S. (1988 Repl.Vol. 10A) (APA), the Administrative Law Judge (ALJ) awarded attorney fees to defendant, Bethesda Care Centers, Inc. The basis for the award was that plaintiff, Colorado Department of Social Services, had pursued a frivolous defense to Bethesda’s motion to enforce a settlement agreement. Bethesda appeals from a judgment of the district court vacating the ALJ’s order. We reverse and remand for further proceedings.

This case arose out of Bethesda’s…