Colorado Revised Statutes Title 25. Health § 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.

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard