State Administrative Appeal - Colorado

PETITION FOR JUDICIAL REVIEW OF AGENCY ACTION

(C.R.S. § 24-4-106)
AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

[DISTRICT COURT, [COUNTY] COUNTY, STATE OF COLORADO]

Case No.: _________________

Filed: ____________________

Judge: ____________________

Division: _______________

[PETITIONER],
Petitioner,

v.

[RESPONDENT STATE AGENCY],
Respondent.

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction, Venue & Governing Law
4. Parties
5. Exhaustion of Administrative Remedies
6. Statement of Facts

7. Claims for Relief
   7.1 First Cause of Action – Judicial Review of Agency Action
   7.2 Second Cause of Action – Declaratory Relief
   7.3 Third Cause of Action – Injunctive Relief

8. Prayer for Relief

9. Verification
10. Signature Block

1. DOCUMENT HEADER

1.1 Effective Date. This Petition for Judicial Review and Complaint (the "Petition") is deemed filed on the date reflected by the Clerk's endorsement.

1.2 Recitals.
(a) Respondent [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to C.R.S. § 24-4-106.
(c) Petitioner additionally seeks declaratory and injunctive relief to prevent enforcement of the Decision pending final determination of this proceeding.

2. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below:

"Administrative Record" – the complete record of the underlying agency proceeding compiled pursuant to C.R.S. § 24-4-105.

"Agency" – [RESPONDENT STATE AGENCY FULL FORMAL NAME] and, where appropriate, its officers, employees, agents, subdivisions, boards, and successors.

"Decision" – the final administrative decision, order, or determination issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].

"Petitioner" – [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.

3. JURISDICTION, VENUE & GOVERNING LAW

3.1 Statutory Basis. This Court has jurisdiction under C.R.S. § 24-4-106 (judicial review of agency action).

3.2 Venue. Venue is proper in this Court because (a) the underlying administrative hearing occurred in [COUNTY] County, (b) the Decision was issued in [COUNTY] County, and/or (c) Petitioner resides or maintains its principal place of business in [COUNTY] County.

3.3 Governing Law. This Petition is governed exclusively by the Colorado Constitution, the Colorado Administrative Procedure Act, and Colorado statutory and decisional law relating to judicial review of agency action. No jury trial is available in administrative review proceedings.

4. PARTIES

4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] organized under the laws of [STATE] with its principal place of business at [ADDRESS].

4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with its principal offices at [ADDRESS].

5. EXHAUSTION OF ADMINISTRATIVE REMEDIES

5.1 Petitioner participated fully in the underlying agency proceeding, preserved each objection stated herein, and timely sought internal reconsideration/appeal on [DATE].

5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; therefore, all administrative remedies are exhausted for purposes of C.R.S. § 24-4-106 and the exhaustion doctrine.

5.3 This Petition is filed within the statutory [35]-day limitations period prescribed by C.R.S. § 24-4-106(4).

6. STATEMENT OF FACTS

6.1 Overview of Proceedings. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].

6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [ALJ/HEARING OFFICER NAME] at which Petitioner presented [NUMBER] witnesses and [NUMBER] documentary exhibits.

6.3 The Decision. On [DATE], the Agency adopted the Hearing Officer's proposed decision, finding [FINDINGS] and imposing the following sanctions: [SPECIFY].

6.4 Prejudice to Petitioner. The Decision adversely affects Petitioner by [DESCRIBE HARM: e.g., monetary penalties, license suspension, reputational damage].

7. CLAIMS FOR RELIEF

7.1 FIRST CAUSE OF ACTION

(Judicial Review of Agency Action – C.R.S. § 24-4-106)

7.1.1 Abuse of Discretion. Agency acted arbitrarily, capriciously, or in excess of its statutory authority.

7.1.2 Standard of Review. The Decision is not supported by substantial evidence in the record when viewed as a whole.

7.1.3 Procedural Error. Agency failed to proceed in the manner required by law by [e.g., denying a fair hearing, admitting inadmissible evidence, violating C.R.S. § 24-4-105].

7.1.4 Relief Requested. Petitioner requests (a) reversal or vacation of the Decision, (b) vacation of penalties, and (c) reinstatement of Petitioner's [license/permit/etc.].

7.2 SECOND CAUSE OF ACTION

(Declaratory Relief – C.R.C.P. 57)

7.2.1 An actual controversy exists regarding the validity, interpretation, and enforcement of the Decision.
7.2.2 Petitioner seeks a judicial declaration that the Decision is void and unenforceable.

7.3 THIRD CAUSE OF ACTION

(Injunctive Relief – C.R.C.P. 65)

7.3.1 Absent injunctive relief, Petitioner will suffer irreparable harm, including [describe].
7.3.2 Petitioner seeks a temporary stay and permanent injunction barring enforcement of the Decision pending final resolution of this action.

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays for judgment as follows:

A. For judicial review and reversal of the Decision pursuant to C.R.S. § 24-4-106;

B. For an order vacating the Decision in its entirety and directing Agency to take any further action consistent with the Court's order;

C. For declaratory judgment that the Decision is null, void, and of no legal effect;

D. For preliminary and permanent injunctive relief enjoining Respondent from enforcing the Decision or from taking any adverse action against Petitioner based thereon;

E. For costs of suit and reasonable attorney's fees as permitted by law;

F. For such other and further relief as the Court deems just and proper.

9. VERIFICATION

I, [NAME], am the [TITLE] of Petitioner [PETITIONER NAME]. I have read the foregoing Petition and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

Executed on [DATE], at [CITY, STATE].

___________________________________
[NAME]
[Title], [Petitioner]

10. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Attorneys for Petitioner [PETITIONER NAME]

By: ___________________________________
[ATTORNEY NAME]
Colorado Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]

Dated: ____________________

Colorado-Specific Statutory References

• Colorado Administrative Procedure Act: C.R.S. § 24-4-101 et seq.
• Judicial review: C.R.S. § 24-4-106
• Stay pending review: C.R.S. § 24-4-106(6)
• Administrative hearings: C.R.S. § 24-4-105
• Office of Administrative Courts: C.R.S. § 24-30-1001 et seq.