§ 25-1-515 — Judicial review of decisions

Colorado § 25-1-515

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

Text

(1) Any person aggrieved and
affected by a decision of a county or district board of health or a public health
director acting under the provisions of this part 5 shall be entitled to judicial review
by filing, in the district court of any county over which the county or district board
or public health director has jurisdiction, an appropriate action requesting the
review within ninety days after the public announcement of the decision. 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. In a case of alleged irregularities in the record or in
the procedure before the county or district board or public health director,
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 decision of the county or district board being:

(a) Contrary to constitutional rights or privileges;

(b) In excess of the statutory authority or jurisdiction of the county or district
board or public health director;

(c) Affected by any error of law;

(d) Made or promulgated upon unlawful procedure;

(e) Unsupported by substantial evidence in view of the entire record as
submitted; or

(f) 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. 2008: Entire part R&RE, p. 2047, � 1, effective July 1.