Colorado § 25-1-113 - Judicial review of decisions.

§ 25-1-113. Judicial review of decisions.

(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.

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

ANNOTATION

Claim of arbitrary refusal to grant license is cause of action. Petitioner states a cause of action under this section where he alleges that the state board of health has arbitrarily and capriciously refused to grant him a master plumber's license although he has complied with all the requirements for the license. Grimm v. State Bd. of Health, 121 Colo. 269, 215 P.2d 324 (1950).

Action not controlled by C.R.C.P. 106. An action under this section is a statutory action and is not controlled by C.R.C.P. 106. Grimm v. State Bd. of Health, 121 Colo. 269, 215 P.2d 324 (1950).

Court may enter own judgment. Under this section, the court may enter what is more or less its judgment because provision is made for the court to modify the decision of the board if it so concludes. Grimm v. State Bd. of Health, 121 Colo. 269, 215 P.2d 324 (1950).

No review of failure to act. This section does not provide for judicial review of the department's failure to act. Nat'l Wildlife Fed'n v. Cotter Corp., 665 P.2d 598 (Colo. 1983).

County is a "person aggrieved and affected" by decision of department of public health and environment concerning the issuance of a hazardous waste permit. Adams Bd. of County Comm'rs v. Colo. Dept. of Pub. Health & Env't, 218 P.3d 336 (Colo. 2009).

Applied in Stone Environmental Eng'r Servs., Inc. v. State Dept. of Health, 631 P.2d 1185 (Colo. App. 1981).