C.R.S. Section 34-33-128
Judicial review

(1)

Any order or decision issued by the board in a civil penalty proceeding, or in a proceeding under section 34-33-126 to establish an unsuitability designation, or in any proceeding required to be conducted pursuant to article 4 of title 24, C.R.S., shall be subject to judicial review on or before thirty days after the date of such order or decision in accordance with subsection (2) of this section in the district court of this state for the district in which the surface coal mining operation is located. In the case of a proceeding to review an order or decision issued by the board under section 34-33-124, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment.

(2)

The court shall hear such petition or complaint solely on the record made before the board. The findings of the board, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the board for such further action as it may direct.

(3)

In the case of a proceeding to review any order or decision issued by the board under this article, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:

(a)

All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;

(b)

The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and

(c)

Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

(4)

At the request of any party to a proceeding under this section, the court may assess costs and expenses, including attorney fees, against any party, as the court deems just and proper.

(5)

The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the board.

Source: Section 34-33-128 — Judicial review, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-34.­pdf (accessed Oct. 20, 2023).

34‑33‑101
Short title 34‑33‑102
Legislative declaration 34‑33‑103
Definitions 34‑33‑104
Administration 34‑33‑105
Jurisdiction of office and board 34‑33‑106
Additional duties of division 34‑33‑107
Powers of department 34‑33‑108
Rules and regulations - no more stringent 34‑33‑109
Permits 34‑33‑110
Application for permit 34‑33‑111
Reclamation plan requirements 34‑33‑112
Small operator assistance 34‑33‑113
Performance bonds 34‑33‑114
Permit approval or denial 34‑33‑115
Revision of permit 34‑33‑116
Technical revision of permit - regulations 34‑33‑117
Coal exploration permit - regulations 34‑33‑118
Public notice and public hearings on complete applications 34‑33‑119
Permit application decisions of the office - appeals 34‑33‑120
Environmental protection performance standards - regulations 34‑33‑121
Surface effects of underground coal mining 34‑33‑122
Inspections and monitoring 34‑33‑123
Enforcement - civil and criminal penalties 34‑33‑124
Review by board 34‑33‑125
Release of performance bonds or deposits 34‑33‑126
Designating areas unsuitable for surface coal mining 34‑33‑127
Public agencies, public utilities, and public corporations 34‑33‑128
Judicial review 34‑33‑129
Surface coal mining operations not subject to this article 34‑33‑130
Data inventory 34‑33‑131
Informal opinion as to alluvial valley floors 34‑33‑132
Special coordination and review process - site-specific agreements 34‑33‑133
Abandoned mine reclamation plan 34‑33‑133.5
Colorado mine subsidence protection program - rules 34‑33‑134
Experimental practices 34‑33‑135
Civil actions 34‑33‑136
Water rights 34‑33‑137
Reservation clause
Green check means up to date. Up to date

Current through Fall 2024

§ 34-33-128’s source at colorado​.gov