Colorado § 25-1-515 - Judicial review of decisions.

§ 25-1-515. Judicial review of decisions.

(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.

Source: L. 2008: Entire part R&RE, p. 2047, § 1, effective July 1.

Editor's note: This section is similar to former § 25-1-513 as it existed prior to 2008.

ANNOTATION

Applied in C Bar H, Inc. v. Bd. of Health ex rel. Jefferson County, 56 P.3d 1189 (Colo. App. 2002) (decided under former § 25-1-513).