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COLORADO DSS v. BETHESDA CARE CENTER

No. 92CA1077.

867 P.2d 4 (1993)

COLORADO DEPARTMENT OF SOCIAL SERVICES, Plaintiff-Appellee, v. BETHESDA CARE CENTER, INC. d/b/a Bethany Care Center and Don P. Stimmel, in his official capacity as an Administrative Law Judge, Division of Administrative Hearings, Colorado Department of Administration, Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

August 19, 1993.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Wade Livingston, First Asst. Atty. Gen., Denver, for plaintiff-appellee.

Miles & Epstein, P.C., Frederick Miles, Nancy P. Tisdall, Denver, for defendants-appellants.

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...

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