Rule 106.5.Correctional Facility Quasi-Judicial Hearing Review

Rule 106.5 adapts the certiorari-style review in Rule 106(a)(4) to a specific setting: an inmate challenging the outcome of a quasi-judicial hearing at a Colorado Department of Corrections facility, or a private facility holding CDOC inmates, over events that happened there. Where this rule is silent, the general 106(a)(4) procedure and Rule 106(b) timing rules fill the gap. Only the CDOC Executive Director and the facility's Warden can be named as defendants — the court dismisses anyone else named — and the case must be filed in the district court for the county where the hearing took place, even if the inmate has since been moved elsewhere.

How the case gets served depends on whether the inmate is proceeding in forma pauperis. If not, service follows the ordinary rule for serving government officials, reaching only the Warden, the Executive Director, and the Attorney General. If the inmate's in forma pauperis motion is granted, the clerk instead serves the complaint electronically on those same officials or their designees, who must confirm receipt.

Once the Attorney General acknowledges receipt, the defendants have 21 days to answer and produce a certified record of the hearing — including the notice of charges, the disposition, the inmate's appeal form, hearing exhibits, the facility's disciplinary code, and any recording — or to file a motion instead. The Warden initially pays for preparing that record but can recover the cost from the inmate's account, and the record cannot be held up just because the inmate has no money to pay for it. Briefing then follows set deadlines depending on whether the defendants answered or moved to dismiss, though the court can adjust any of these deadlines for good cause.