Colorado § 25-15-207 Judicial review

Colorado Statutes

§ 25-15-207 — Judicial review

Colorado·Title 25 Public·Art. Hazardous Waste

(1)The award, denial, revocation, or suspension of a certificate of designation by the board of county commissioners or by the governing body of the municipality shall be subject to judicial review in the district court for the judicial district in which the hazardous waste disposal site is located or is proposed to be located. Any request for such judicial review must be made within thirty days of such award, denial, revocation, or suspension. If the court finds no error, it shall affirm the action. If the court finds that the action is arbitrary and capricious, not in accord with the procedures or procedural limitations of this part 2, unsupported by substantial evidence when the record is considered as a whole, or otherwise contrary to law, then the court shall hold unlawful a

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(1) The award, denial, revocation, or suspension
of a certificate of designation by the board of county commissioners or by the
governing body of the municipality shall be subject to judicial review in the district
court for the judicial district in which the hazardous waste disposal site is located or
is proposed to be located. Any request for such judicial review must be made within
thirty days of such award, denial, revocation, or suspension. If the court finds no
error, it shall affirm the action. If the court finds that the action is arbitrary and
capricious, not in accord with the procedures or procedural limitations of this part 2,
unsupported by substantial evidence when the record is considered as a whole, or
otherwise contrary to law, then the court shall hold unlawful and set aside the
action and remand the case to the board of county commissioners or to the
governing body of the municipality for further proceedings as may be appropriate.

(2) In the case of any action or decision of the council or department
pursuant to section 25-15-206, judicial review shall be in the district court for the
judicial district within which the hazardous waste disposal site is or may be located
and shall be in accordance with section 24-4-106, C.R.S.

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Legislative History

Source: L. 81: Entire article R&RE, p. 1349, � 1, effective July 1. L. 83: Entire section amended, p. 1093, � 11, effective June 3. L. 2005: (2) amended, p. 285, � 29, effective August 8.