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 Dec. 24, 2024).

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