§ 40-6-115 — Review by district court - mandamus

Colorado § 40-6-115

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Hearings and Investigations

Text

(1) Within thirty days after a
final decision by the commission in any proceeding, any party to the proceeding
before the commission may apply to the district court for a writ of certiorari or
review for the purpose of having the lawfulness of the final decision inquired into
and determined. Such writ shall be made returnable not later than thirty days after
the date of issuance and shall direct the commission to certify its record in the
proceeding to said court. On the return day, the cause shall be heard by the district
court unless, for a good reason shown, the same be continued. No new or additional
evidence may be introduced in the district court, but the cause shall be heard on the
record of the commission as certified by it. The commission and each party to the
action or proceeding before the commission shall have the right to appear in the
review proceedings.

(2) The findings and conclusions of the commission on disputed questions of
fact shall be final and shall not be subject to review, except that, in any proceeding
wherein the validity of any order or decision is challenged on the ground that it
violates any right of a petitioner under the constitution of the United States or the
constitution of the state of Colorado, the district court shall exercise an
independent judgment on the law and the facts, and the findings or conclusions of
the commission material to the determination of the said constitutional question
shall not be final.

(3) Upon review, the district court shall enter judgment either affirming,
setting aside, or modifying the decision of the commission. So far as necessary to
the decision and where presented, the district court shall decide all relevant
questions of law and interpret all relevant constitutional and statutory provisions.
The review shall not extend further than to determine whether the commission has
regularly pursued its authority, including a determination of whether the decision
under review violates any right of the petitioner under the constitution of the United
States or of the state of Colorado, and whether the decision of the commission is
just and reasonable and whether its conclusions are in accordance with the
evidence.

(4) The provisions of the Colorado rules of civil procedure relating to writs of
certiorari or review, so far as applicable and not in conflict with the provisions of
this title, shall apply to proceedings had in the district court under the provisions of
this section. No court of this state, except the district court to the extent specified,
shall have jurisdiction to review, reverse, correct, or annul any order or decision of
the commission, or to suspend or delay the execution or operation thereof, or to
enjoin, restrain, or interfere with the commission in the performance of its official
duties; but an action in the nature of mandamus shall lie from the district court to
the commission in all proper cases.

(5) All actions for review shall be commenced and tried in the district court
in and for the county in which the petitioner resides, or if a corporation or
partnership in the county in which it maintains its principal office or place of
business, or in the district court of the city and county of Denver, at the option of
the petitioner. Appellate review may be obtained in the supreme court concerning
any final judgment of the district court on review, affirming, setting aside, or
modifying any decision of the commission, in the same manner and with the same
effect as appellate review of judgments of the district court in other civil actions.

Legislative History

Source: L. 13: p. 497, � 52. C.L. � 2961. CSA: C. 137, � 52. L. 45: p. 531, � 8. CRS 53: � 115-6-15. C.R.S. 1963: � 115-6-15. L. 69: p. 949, � 47. L. 75: (1) and (4) amended, p. 227, � 90, effective July 16. L. 89: (4) amended, p. 1532, � 17, effective April 12. L. 92: (1) amended, p. 2131, � 3, effective July 1. L. 93: (1) amended, p. 2065, � 21, effective July 1.