PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

(C.R.S. Section 24-4-106)

CAPTION

IN THE [DISTRICT COURT / COURT OF APPEALS] OF THE STATE OF COLORADO
[COUNTY if District Court]
[PETITIONER/LICENSEE], Petitioner,
v.
[AGENCY/BOARD NAME], Respondent.
Case No.: [___]

INTRODUCTION

• Petition for judicial review challenging Respondent's [Denial/Discipline/Suspension/Revocation] of [License Type] issued [DATE] pursuant to the Colorado Administrative Procedure Act, C.R.S. Section 24-4-101 et seq.

JURISDICTION, VENUE, AND TIMELINESS

• Jurisdiction under C.R.S. Section 24-4-106; venue proper in [Court/County].
• Petition timely filed within 35 days of service of final administrative decision as required by C.R.S. Section 24-4-106(4).
• Administrative remedies exhausted per C.R.S. Section 24-4-106.

PARTIES

• Petitioner [Name], license number [___].
• Respondent [Agency/Board], state agency located at [Address].

PROCEDURAL HISTORY

• Summary of accusation/notice, hearing date(s), ALJ proposed decision (if applicable), Board adoption/modification, and service of final decision on [DATE].

STANDARD OF REVIEW AND GROUNDS (C.R.S. Section 24-4-106)

The court may set aside agency action, findings, and conclusions found to be:
- ☐ Arbitrary or capricious
- ☐ A denial of statutory right
- ☐ Contrary to constitutional right, power, privilege, or immunity
- ☐ In excess of statutory jurisdiction, authority, purposes, or limitations
- ☐ Not in accord with procedures or procedural limitations
- ☐ An abuse or clearly unwarranted exercise of discretion
- ☐ Based on findings of fact that are clearly erroneous
- ☐ Unsupported by substantial evidence when the record is considered as a whole

ALLEGATIONS (SUMMARY)

• [Facts showing evidentiary gaps, legal errors, bias, or procedural defects].

RELIEF REQUESTED

• Reverse or modify the agency decision and [reinstate license/issue license/remand].
• Stay enforcement pending review per C.R.S. Section 24-4-106(6).
• Costs and attorney's fees as permitted and other relief as just.

ADMINISTRATIVE RECORD

• Request preparation/certification of the administrative record per C.R.S. Section 24-4-105(15); Petitioner will arrange for record filing and pay costs as required.

VERIFICATION AND SIGNATURE

• Verification per Colorado Rules of Civil Procedure; signature of Petitioner/counsel; proof of service on Respondent and Colorado Attorney General.

COLORADO-SPECIFIC PROCEDURAL NOTES

• The petition for review must be filed within 35 days after the date of service of the final agency order.
• Depending on the specific licensing statute, review may be in district court or directly in the court of appeals.
• The review is conducted by the court without a jury based on the record made before the agency.
• The court may grant a stay of the agency decision upon appropriate terms pending completion of the review proceedings.
• The Office of Administrative Courts handles many licensing matters; verify the final agency decision-maker.

[// GUIDANCE: For Colorado licensing appeals, C.R.S. Section 24-4-106(6) permits the court to stay enforcement upon appropriate terms. The standard of review is whether the decision is supported by substantial evidence and not arbitrary or capricious.]