§ 10-3-814 — Judicial review - mandamus

(1) A person aggrieved by an act,
determination, rule, order, or other action of the commissioner pursuant to this part
8 may appeal the action to the district court for the city and county of Denver. The
court shall conduct its review without a jury and by trial de novo; except that, if all
parties, including the commissioner, so stipulate, the review shall be confined to the
record. Portions of the record may be introduced by stipulation into evidence in a
trial de novo as to those parties so stipulating.

(2) The filing of an appeal pursuant to this section stays the application of
the act, rule, order, or other action of the commissioner to the appealing party
unless the court, after giving the parties notice and an opportunity to be heard,
determines that a stay would be detrimental to the interests of policyholders,
shareholders, creditors, or the public.

(3) A person aggrieved by a failure of the commissioner to act or make a
determination required by this part 8 may petition the district court for the city and
county of Denver for an action in the nature of a mandamus or a peremptory
mandamus directing the commissioner to act or make such determination forthwith.

Legislative History

Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1352, � 2, effective July 1.