§ 11-102-204 — Court review

Colorado § 11-102-204

• Jurisdiction: Colorado
• Title 11: Financial
• Art.: Division of Banking

Text

(1) Any person aggrieved and directly affected by
an order of the banking board issued under this code may seek a review in the
district court in and for the county in which the bank is located, or proposed bank is
to be located, within thirty days after receipt of written notice of the issuance of
said order; except that any person aggrieved or directly affected by an order of the
banking board pursuant to section 11-103-304 granting or denying a charter for a
new state bank may seek a review in the court of appeals and not the district court.
Such review in the court of appeals shall be in accordance with section 24-4-106
(11), C.R.S. The validity of an order may be tested only by such a review and may not
be placed in issue in an action to enforce it. The filing of such a petition for review
shall not, of itself, stay enforcement of an order, but the court may order a stay
upon such terms as it deems proper.

(2) The court may affirm the order of the banking board or may direct the
banking board to take any action deemed proper. It may reverse or modify the order
of the banking board if the order was issued pursuant to an unconstitutional
statutory provision, was in excess of statutory authority, was issued upon unlawful
procedure, or is not supported by substantial evidence in the record.

Legislative History

Source: L. 2003: Entire article added with relocations, p. 1067, � 3, effective July 1.