C.R.S. Section 11-59-117
Judicial review of orders

(1)

Any person claiming to be aggrieved by a final order of the securities commissioner, including a refusal to issue an order, may obtain judicial review thereof, and the securities commissioner may obtain an order of court for its enforcement in a proceeding as provided in this section.

(2)

Such proceeding shall be brought in the court of appeals by appropriate proceedings under section 24-4-106 (11), C.R.S.

(3)

Such proceeding shall be initiated by the filing of a petition in the court of appeals and the service of a copy thereof upon the securities commissioner and upon all parties who appeared before the securities commissioner, and thereafter such proceeding shall be processed under the Colorado appellate rules. The court of appeals shall have jurisdiction of the proceeding and the questions determined therein and shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified or setting aside the order of the securities commissioner in whole or in part.

(4)

An objection that has not been urged before the securities commissioner shall not be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.

(5)

The findings of the securities commissioner as to the facts shall be conclusive if supported by substantial evidence.

(6)

The jurisdiction of the court shall be exclusive, and its judgment and order shall be final, subject to review as provided by law and the Colorado appellate rules.

(7)

The commencement of proceedings under subsection (1) of this section does not, unless specifically ordered by the court, operate as a stay of the securities commissioner’s order.

Source: Section 11-59-117 — Judicial review of orders, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-11.pdf (accessed Oct. 20, 2023).

11‑59‑101
Short title 11‑59‑102
Legislative declaration 11‑59‑103
Definitions 11‑59‑104
General powers of securities commissioner 11‑59‑106
Requirement for registration of district bonds 11‑59‑107
General registration provisions 11‑59‑108
Registration of bonds 11‑59‑109
Denial, suspension, or revocation of registration 11‑59‑110
Exemptions from registration 11‑59‑111
Unlawful representation concerning registration or exemption 11‑59‑112
Misleading filing 11‑59‑113
Investigations - subpoenas 11‑59‑114
Enforcement by injunction 11‑59‑115
Criminal and civil penalties and damages 11‑59‑116
Administrative proceedings 11‑59‑117
Judicial review of orders 11‑59‑118
Interpretation and interpretive opinions 11‑59‑119
Collection of fees - division of securities cash fund 11‑59‑120
Effective date

Up to date

Current through Fall 2024

§ 11-59-117’s source at colorado.gov

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Location: https://colorado.public.law/statutes/crs_11-59-117

Original Source: Section 11-59-117 — Judicial review of orders, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-11.pdf (last accessed Jul. 25, 2023).

C.R.S. Section 11-59-117 Judicial review of orders

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(2)

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C.R.S. Section 11-59-117
Judicial review of orders