Barela V. Beye

In this action for review of an administrative agency decision and for declaratory and injunctive relief, defendants, Karen Beye, in her official capacity as Executive Director, and the Colorado Department of Social Services (the Department) appeal the summary judgment and preliminary injunction issued in favor of class action plaintiffs, Horace Barela and others similarly situated. Specifically, defendants challenge the trial court's Conclusion that the enabling legislation for the Home Care Allowance (HCA) program unlawfully delegated legislative authority to the Department and that the Department had promulgated a rule that both exceeded its statutory authority and was arbitrary and capricious. We reverse and remand for further proceedings.