§ 24-34-307 — Judicial review and enforcement

Colorado § 24-34-307

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Regulatory Agencies

Text

(1) Any complainant or
respondent claiming to be aggrieved by a final order of the commission, including a
refusal to issue an order, may obtain judicial review thereof, and the commission
may obtain an order of court for its enforcement in a proceeding as provided in this
section.

(2) Such proceeding shall be brought in the court of appeals by appropriate
proceedings under section 24-4-106 (11).

(3) Such proceeding shall be initiated by the filing of a petition in the court of
appeals and the service of a copy thereof upon the commission and upon all parties
who appeared before the commission, and thereafter such proceeding shall be
processed under the Colorado appellate rules. The court of appeals shall have
jurisdiction of the proceeding and the questions determined therein and shall have
power to grant such temporary relief or restraining order as it deems just and
proper and to make and enter upon the pleadings, testimony, and proceedings set
forth in such transcript an order enforcing, modifying, and enforcing as so modified
or setting aside the order of the commission in whole or in part.

(4) An objection that has not been urged before the commission shall not be
considered by the court, unless the failure or neglect to urge such objection shall
be excused because of extraordinary circumstances.

(5) Any party may move the court to remit the case to the commission in the
interests of justice for the purpose of adducing additional specified and material
evidence and seeking findings thereof, if such party shows reasonable grounds for
the failure to adduce such evidence before the commission.

(6) The findings of the commission as to the facts shall be conclusive if
supported by substantial evidence.

(7) The jurisdiction of the court shall be exclusive and its judgment and order
shall be final, subject to review as provided by law and the Colorado appellate rules.

(8) The commission's copy of the testimony shall be available to all parties
for examination at all reasonable times, without cost, and for the purpose of judicial
review of the commission's orders.

(9) The commission may appear in court by its own attorney.

(9.5) Upon application by a person alleging a discriminatory housing practice
under section 24-34-502 or a person against whom such a practice is alleged, the
court may appoint an attorney for such person or may authorize the
commencement or continuation of a civil action without the payment of fees, costs,
or security, if in the opinion of the court such person is financially unable to bear the
costs of such action.

(10) The commission or court upon motion may grant a stay of the
commission order pending appeal.

(11) Appeals filed under this section shall be heard expeditiously and
determined upon the transcript filed, without requirement for printing. Hearings in
the court of appeals under this part 3 shall take precedence over all other matters,
except matters of the same character.

(12) If no proceeding to obtain judicial review is instituted by a complainant
or respondent within forty-nine days from the service of an order of the commission
pursuant to section 24-34-306, the commission may obtain a decree of the district
court for the enforcement of such order upon showing that such respondent is
subject to the jurisdiction of the commission and resides or transacts business
within the county in which the petition for enforcement is brought.

Legislative History

Source: L. 79: Entire part R&RE, p. 927, � 3, effective July 1. L. 81: (2) and (12) amended, p. 1144, � 7, effective April 30. L. 90: (9.5) added, p. 1224, � 1, effective April 16. L. 2015: (12) amended, (SB 15-264), ch. 259, p. 959, � 67, effective August 5.