January 18, 2018

Archives for July 1, 2011

State Courts Closed Monday for Independence Day Observance

Courts in Colorado will observe Monday’s July 4th Independence Day holiday.

Business as usual will resume on Tuesday, July 5.

(image source: Wikimedia Commons)

Department of State to Repeal Address Confidentiality Program Rules

The Colorado Department of State intends to repeal the Address Confidentiality Program Rules following the passage of HB 11-1080. The bill, recently signed into law, transferred the Colorado Address Confidentiality Program from the Secretary of State to the Department of Personnel and Administration, including the transfer of rulemaking authority. The Secretary of State expects the Executive Director of that Department to readopt the program rules with any appropriate amendments.

The program rules are in place to help victims of domestic violence, a sexual offense, or stalking to keep their addresses confidential, maintained through the use of a substitute address for purposes of public records and confidential mail forwarding.

The repeal of the Secretary of State’s rules will be effective upon the adoption of the program rules by the Department of Personnel and Administration, but no later than January 1, 2012.

A hearing on the repeal of the rule will be held on Monday, August 8, 2011 at the Office of the Secretary of State, 1700 Broadway, Blue Spruce Room (2nd Floor), Denver, Colorado 80290, beginning at 3:00 pm.

Full text of the proposed repeal with line edits to the rule can be found here. Further information about the rule and hearing can be found here.

Department of Health Care Policy and Financing Amends Rule Regarding Pre-Admission Screenings to Medicaid Nursing Facilities

The Colorado Department of Health Care Policy and Financing has amended the Medical Assistance Rule Concerning Long Term Care Screening Guidelines. The proposed amendments will bring the rule into compliance with federal regulations regarding Medicaid.

  • The Pre-Admission Screening and Annual Resident Review (PASARR) is changed to Pre-Admission Screening and Resident Review (PASRR) to comply with the federal law that removes the requirement for an annual screening and institutes the requirement that a new screening be completed when there is a significant change in physical or mental condition.
  • The proposed rule includes the requirement to conduct the Level I Screening for all Medicaid clients in need of nursing facility care, rather than in specific circumstances.
  • References to “mental retardation” have been changed to “developmental disability.”
  • The rule has been rewritten in the approved Secretary of State format and organized for better readability.

A hearing on the amended rule will be held on Friday, August 12, 2011 at The Capitol Center, 225 E. 16th Ave., 6th Floor, Denver, Colorado 80203, beginning at 9:00 am.

Full text of the proposed changes with line edits to the rules can be found here. Further information about the rule and hearing can be found here.

Governor Hickenlooper Names Brohl as Executive Director of the Department of Revenue

On Thursday, June 30, 2011, Governor John Hickenlooper announced that Barbara J. Brohl will become Executive Director of the Department of Revenue. She will replace the interim director of the department, Roxy Huber.

Brohl is an attorney with more than twenty-four years of experience in business; she served as Corporate Counsel for Qwest Corporation in Denver since 2003 and had previously worked for US WEST since 1983.

In 2005, Brohl was elected to the Regional Transportation District Board, responsible for overseeing multi-billion dollar budgets, setting policy on all transit issues, and matters for the metropolitan area, meeting with the Colorado Delegation to obtain support and funding for transit projects.

Brohl was also a law clerk for Colorado Supreme Court Justices Gregory J. Hobbs, Jr. and William H. Erickson.

As Executive Director, Brohl will be the principal officer for Colorado’s Tax Division and the Division of Motor Vehicles. Included under her oversight and responsibility are the Divisions of Gaming, Tobacco and Alcoholic Beverages, Lottery, Racing, Hearings, and the recently added Division of Medical Marijuana.

The entire Department has more than 1,500 employees and brings in more than $11 billion in fees and taxes for the state on an annual basis.

Brohl earned a bachelor’s degree from Regis University and her law degree from the University of Denver College of Law.

The full press release from the Governor’s Office concerning Brohl’s appointment can be found here.

Tenth Circuit: Entering Closed Gate and Onto Unpaved Driveway that Lays a Considerable Distance from Owner’s Home Not Within Curtilage to Require Warrant

The Tenth Circuit Court of Appeals issued its opinion in Rieck v. Jensen on Thursday, June 30, 2011.

The Tenth Circuit reversed the district court’s decision. Petitioner, a Utah County Deputy Sheriff, entered a closed gate on Respondent’s property without a warrant; Petitioner walked onto a portion of an unpaved driveway within a few feet of the entrance gate, but a considerable distance from Respondent’s home. Respondent brought suit against Petitioner, alleging illegal entry, illegal detention, and excessive force. The district court denied Petitioner qualified immunity for entering the property without a warrant. However, the Court disagreed. The area of Respondent’s property that Petitioner entered was found to be not within the curtilage of Respondent’s home; Petitioner could therefore enter without violating Respondent’s constitutional rights and is protected by qualified immunity.

Tenth Circuit: Unpublished Opinions, 6/30/11

On Thursday, June 30, 2011, the Tenth Circuit Court of Appeals issued one published opinion and one unpublished opinion.

Unpublished

Harper v. Astrue

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.