Colorado § 13-5.5-116 Private right of action - definition

Colorado Statutes

§ 13-5.5-116 — Private right of action - definition

Colorado § 13-5.5-116

Title 13Courts

Art.Commissions on Judicial

This text of Colorado § 13-5.5-116 (Private right of action - definition) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 13-5.5-116 (2026).

Text

(1)Final actions of the state commission are subject to judicial review as provided for in this section. For purposes of this section, final action means a rule, guideline, or procedure adopted by the state commission pursuant to this article 5.5. A final action does not include a final recommendation regarding a justice or a judge that is made by the state commission or a district commission pursuant to section 13-5.5-108 or 13-5.5-109, an improvement plan developed pursuant to section 13-5.5-110, surveys developed pursuant to section 13-5.5-105 (2)(d), or any aspect of an individual justice's or judge's individual judicial performance evaluation.

(2)A person adversely affected or aggrieved by a final action of the state commission may commence an action for judicial review in

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Final actions of the state
commission are subject to judicial review as provided for in this section. For
purposes of this section, final action means a rule, guideline, or procedure
adopted by the state commission pursuant to this article 5.5. A final action does
not include a final recommendation regarding a justice or a judge that is made by
the state commission or a district commission pursuant to section 13-5.5-108 or 13-5.5-109, an improvement plan developed pursuant to section 13-5.5-110, surveys
developed pursuant to section 13-5.5-105 (2)(d), or any aspect of an individual
justice's or judge's individual judicial performance evaluation.

(2) A person adversely affected or aggrieved by a final action of the state
commission may commence an action for judicial review in the Denver district court
within thirty-five days after such action becomes effective. Upon a finding by the
court that irreparable injury would otherwise result, the reviewing court shall
postpone the effective date of the state commission's action to preserve the rights
of the parties, pending conclusion of the review proceedings.

(3) If the court finds no error, it shall affirm the state commission's final
action. If the court finds that the state commission's action is arbitrary or
capricious; a denial of a statutory right; contrary to constitutional right, power,
privilege, or immunity; in excess of statutory jurisdiction, authority, purposes, or
limitations; not in accord with the procedures or procedural limitations set forth in
this article 5.5 or as otherwise required by law; an abuse or clearly unwarranted
exercise of discretion; based upon findings of fact that are clearly erroneous on the
whole record; unsupported by substantial evidence when the record is considered
as a whole; or otherwise contrary to law, then the court shall hold the action
unlawful, set it aside, restrain enforcement, and afford such other relief as may be
appropriate. In all cases under review, the court shall determine all questions of
law, interpret the statutory and constitutional provisions involved, and apply the
interpretation to the facts duly found or established.