Complaint for Judicial Review of Agency Action - Colorado

COMPLAINT FOR JUDICIAL REVIEW OF AGENCY ACTION

Filing Gate

Use this worksheet only for district-court review under C.R.S. § 24-4-106. First determine whether another statute requires rehearing or directs review to the Colorado Court of Appeals.

Under § 24-4-106(4), an adversely affected or aggrieved person generally must commence district-court review within 35 days after the agency action becomes effective. If the action arose from a § 24-4-105 hearing, the plaintiff also must have been a party to that hearing.

District-Court Caption

DISTRICT COURT, [COUNTY] COUNTY, COLORADO

Court Address: [________________________________]

[PLAINTIFF NAME], Plaintiff

v. Case No. __________

[AGENCY OFFICIAL TITLE] and

[EVERY OTHER PARTY TO THE § 24-4-105 PROCEEDING], Defendants

COMPLAINT FOR JUDICIAL REVIEW

Plaintiff alleges:

1. Plaintiff [name and address] is adversely affected or aggrieved by the agency action described below.

2. Defendant [agency official title] is the agency whose action is challenged.

3. The other defendants were parties to the agency proceeding and are joined under § 24-4-106(4).

4. The Agency issued or took the action on [__/__/____], and it became effective on [__/__/____]. The final action is attached as Exhibit A.

5. The action arose from:

☐ a hearing under § 24-4-105 in which Plaintiff was a party; or

☐ another agency process described as [________________________________].

6. Any required agency rehearing or reconsideration procedure was satisfied by [describe], or no such prerequisite applies because [authority].

7. This action is filed within 35 days after the agency action became effective.

8. The court and venue are proper because [state facts and authority]. Section 24-4-106(4) deems a state agency's residence to be the City and County of Denver for purposes of that subsection.

9. Plaintiff is adversely affected or aggrieved because [specific injury].

10. Plaintiff seeks relief because the agency action is:

☐ arbitrary or capricious

☐ a denial of statutory right

☐ contrary to constitutional right, power, privilege, or immunity

☐ beyond statutory jurisdiction, authority, purposes, or limitations

☐ inconsistent with required procedure or procedural limitations

☐ an abuse or clearly unwarranted exercise of discretion

☐ based on findings clearly erroneous on the whole record

☐ unsupported by substantial evidence on the whole record

☐ otherwise contrary to law

11. The supporting record citations and argument will be stated in the briefs required after issue is joined.

WHEREFORE, Plaintiff requests that the Court hold unlawful and set aside the challenged action, restrain enforcement if authorized, compel unlawfully withheld or delayed action, remand for further proceedings, and grant other appropriate relief under § 24-4-106(7).

Dated: [__/__/____]

Signature: ______________________________

Name / Colorado Attorney Reg. No.: [________________________________]

Address / Telephone / Email: [________________________________]

Temporary Relief

Judicial review does not automatically postpone agency action. Under § 24-4-106(5), the Agency or reviewing court may postpone the effective date or preserve the parties' rights upon a finding that irreparable injury would otherwise result, on terms and security the court finds necessary.

☐ No temporary relief requested

☐ Agency application submitted on [__/__/____]

☐ Court motion for temporary relief prepared

Record

The record ordinarily includes the pleadings, applications, evidence, exhibits, papers considered, rulings on exceptions, decision, findings, and agency action. The person initiating review designates the relevant parts and advances the cost.

Filing Checklist

☐ Agency-specific review statute checked

☐ Finality and effective date confirmed

☐ Thirty-five-day period calculated

☐ Plaintiff was a party to the agency hearing, if § 24-4-105 applies

☐ Agency and every other hearing party named

☐ Complaint states injury, reasons for relief, and requested relief

☐ Service completed under the Colorado Rules of Civil Procedure

☐ Relevant record designated and cost advanced

☐ Stay request handled separately

☐ Direct court-of-appeals review ruled out

Sources and References

• Colorado General Assembly, 2025 C.R.S. Titles for Download, current through the First Extraordinary Session of August 2025: https://content.leg.colorado.gov/agencies/office-legislative-legal-services/2025-crs-titles-download
• Colorado Office of Legislative Legal Services, C.R.S. 2025 Title 24, including § 24-4-106: https://olls.info/crs/crs2025-title-24.pdf
• Colorado General Assembly, HB 26-1035, enactment of C.R.S. 2025 as positive and statutory law: https://leg.colorado.gov/bills/hb26-1035