C.R.S. Section 24-34-307
Judicial review and enforcement

(1)

Any complainant or respondent claiming to be aggrieved by a final order of the commission, including a refusal to issue an order, may obtain judicial review thereof, and the commission 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).

(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 commission and upon all parties who appeared before the commission, 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 commission in whole or in part.

(4)

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

(5)

Any party may move the court to remit the case to the commission in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, if such party shows reasonable grounds for the failure to adduce such evidence before the commission.

(6)

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

(7)

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.

(8)

The commission’s copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commission’s orders.

(9)

The commission may appear in court by its own attorney.

(9.5)

Upon application by a person alleging a discriminatory housing practice under section 24-34-502 or a person against whom such a practice is alleged, the court may appoint an attorney for such person or may authorize the commencement or continuation of a civil action without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action.

(10)

The commission or court upon motion may grant a stay of the commission order pending appeal.

(11)

Appeals filed under this section shall be heard expeditiously and determined upon the transcript filed, without requirement for printing. Hearings in the court of appeals under this part 3 shall take precedence over all other matters, except matters of the same character.

(12)

If no proceeding to obtain judicial review is instituted by a complainant or respondent within forty-nine days from the service of an order of the commission pursuant to section 24-34-306, the commission may obtain a decree of the district court for the enforcement of such order upon showing that such respondent is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforcement is brought.

Source: Section 24-34-307 — Judicial review and enforcement, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑34‑101
Department created - executive director 24‑34‑104
General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal 24‑34‑104.1
General assembly sunrise review of new regulation of occupations and professions - definition - repeal 24‑34‑104.5
Cost of reports - charges 24‑34‑106
Professions and occupations - alternative to existing disciplinary actions 24‑34‑107
Applications for licenses - authority to suspend licenses - rules 24‑34‑108
Consumer outreach and education program - creation - cash fund - fine surcharge 24‑34‑111
Posting summary transparency reports required by federal law 24‑34‑301
Definitions 24‑34‑302
Civil rights division - director - powers and duties 24‑34‑303
Civil rights commission - membership 24‑34‑304
Division and commission subject to termination - repeal of part 24‑34‑305
Powers and duties of commission 24‑34‑306
Charge - complaint - hearing - procedure - exhaustion of administrative remedies 24‑34‑307
Judicial review and enforcement 24‑34‑308
Enforcement of federal law prohibited 24‑34‑309
Public education - service and assistance animals - form used in housing 24‑34‑400.2
Legislative declaration 24‑34‑401
Definitions 24‑34‑402
Discriminatory or unfair employment practices - affirmative defense - definition 24‑34‑402.3
Prohibition of discrimination - pregnancy, childbirth, and related conditions - reasonable accommodations required - notice of rights - definitions 24‑34‑402.5
Unlawful prohibition of legal activities as a condition of employment 24‑34‑402.7
Unlawful action against employees seeking protection 24‑34‑403
Time limits on filing of charges 24‑34‑404
Charges by employers and others 24‑34‑405
Relief authorized - short title 24‑34‑406
Ruling on unemployment benefits not a bar 24‑34‑407
Nondisclosure agreements - requirements for enforcement - penalties for noncompliance 24‑34‑408
Employer record keeping - repository of discrimination complaints - definition 24‑34‑501
Definitions 24‑34‑502
Unfair housing practices prohibited - definition 24‑34‑502.2
Unfair or discriminatory housing practices against individuals with disabilities prohibited 24‑34‑503
Refusal to show housing 24‑34‑504
Time limits on filing of charges 24‑34‑505
Charges by other persons 24‑34‑505.5
Enforcement by the attorney general 24‑34‑505.6
Enforcement by private persons 24‑34‑506
Probable cause 24‑34‑506.5
Conciliation agreements 24‑34‑507
Injunctive relief 24‑34‑508
Relief authorized 24‑34‑509
Enforcement sought by commission 24‑34‑601
Discrimination in places of public accommodation - definition 24‑34‑602
Penalty and civil liability 24‑34‑603
Jurisdiction of county court - trial 24‑34‑604
Time limits on filing of charges 24‑34‑605
Relief authorized 24‑34‑701
Publishing of discriminative matter forbidden 24‑34‑702
Presumptive evidence 24‑34‑703
Places of public accommodation - definition 24‑34‑704
Exceptions 24‑34‑705
Penalty 24‑34‑706
Time limits on filing of charges 24‑34‑707
Relief authorized 24‑34‑801
Legislative declaration 24‑34‑802
Violations - penalties - immunity 24‑34‑803
Rights of individuals with service animals 24‑34‑804
Service animals - violations - penalties 24‑34‑805
Family preservation safeguards for families that include a parent with a disability - protections - legislative declaration - definitions 24‑34‑901
Proposed continuing education requirements for regulated occupations and professions - review by office of executive director 24‑34‑1001
Legislative declaration 24‑34‑1002
Definitions 24‑34‑1003
Task force on the rights of Coloradans with disabilities - creation - membership - report 24‑34‑1004
Subcommittee on the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities - membership - purpose - reporting 24‑34‑1005
Subcommittee on basic access to Colorado outdoors for persons with disabilities - membership - purpose - reporting 24‑34‑1006
Subcommittee on affordability, accessibility, and attainability of housing for persons with disabilities - membership - purpose - reporting 24‑34‑1007
Subcommittee on physical and programmatic basic access within state and local government for persons with disabilities - membership - purpose - reporting 24‑34‑1008
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 24-34-307’s source at colorado​.gov