§ 34-33-128 — Judicial review

(1) Any order or decision issued by the board in a
civil penalty proceeding, or in a proceeding under section 34-33-126 to establish an
unsuitability designation, or in any proceeding required to be conducted pursuant to
article 4 of title 24, C.R.S., shall be subject to judicial review on or before thirty days
after the date of such order or decision in accordance with subsection (2) of this
section in the district court of this state for the district in which the surface coal
mining operation is located. In the case of a proceeding to review an order or
decision issued by the board under section 34-33-124, the court shall have
jurisdiction to enter an order requiring payment of any civil penalty assessment
enforced by its judgment.

(2) The court shall hear such petition or complaint solely on the record made
before the board. The findings of the board, if supported by substantial evidence on
the record considered as a whole, shall be conclusive. The court may affirm, vacate,
or modify any order or decision or may remand the proceedings to the board for
such further action as it may direct.

(3) In the case of a proceeding to review any order or decision issued by the
board under this article, the court may, under such conditions as it may prescribe,
grant such temporary relief as it deems appropriate pending final determination of
the proceedings if:

(a) All parties to the proceedings have been notified and given an
opportunity to be heard on a request for temporary relief;

(b) The person requesting such relief shows that there is a substantial
likelihood that he will prevail on the merits of the final determination of the
proceeding; and

(c) Such relief will not adversely affect the public health or safety or cause
significant imminent environmental harm to land, air, or water resources.

(4) At the request of any party to a proceeding under this section, the court
may assess costs and expenses, including attorney fees, against any party, as the
court deems just and proper.

(5) The commencement of a proceeding under this section shall not, unless
specifically ordered by the court, operate as a stay of the action, order, or decision
of the board.

Legislative History

Source: L. 79: Entire article added, p. 1300, � 1, effective July 1.