§ 25-1-113 — Judicial review of decisions

Colorado § 25-1-113

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Administration

Text

(1) Any person aggrieved and
affected by a decision of the board or the executive director of the department is
entitled to judicial review by filing in the district court of the county of his
residence, or of the city and county of Denver, within ninety days after the public
announcement of the decision, an appropriate action requesting such review. The
court may make any interested person a party to the action. The review shall be
conducted by the court without a jury and shall be confined to the record, if a
complete record is presented; except that, in cases of alleged irregularities in the
record or in the procedure before the board or the division of administration,
testimony may be taken in the court. The court may affirm the decision or may
reverse or modify it if the substantial rights of the appellant have been prejudiced
as a result of the findings and decisions of the board being: Contrary to
constitutional rights or privileges; or in excess of the statutory authority or
jurisdiction of the board or the executive director of the department; or affected by
any error of law; or made or promulgated upon unlawful procedure; or unsupported
by substantial evidence in view of the entire record as submitted; or arbitrary or
capricious.

(2) Any party may have a review of the final judgment or decision of the
district court by appellate review in accordance with law and the Colorado
appellate rules.

Legislative History

Source: L. 47: p. 514, � 11. CSA: C. 78, � 21(12). CRS 53: � 66-1-13. C.R.S. 1963: � 66-1-13.