Stay of Enforcement Request - Colorado

STAY OF ENFORCEMENT REQUEST

STATE OF COLORADO — ADMINISTRATIVE PROCEEDINGS

TABLE OF CONTENTS

1. Stay Request Cover Letter
2. Formal Motion/Petition for Stay of Enforcement
3. Statement of Facts
4. Legal Standard for Stay Under Colorado Law
5. Grounds Analysis (Four-Factor Test)
6. Bond/Security Provisions
7. Emergency Stay Procedures
8. Opposition Response Template
9. Proposed Order Granting Stay
10. Appeal of Stay Denial
11. Document Checklist
12. Practice Tips
13. Sources and References

1. STAY REQUEST COVER LETTER

[DATE: __/__/____]

VIA: ☐ Hand Delivery ☐ Certified Mail ☐ Electronic Filing ☐ Facsimile

[________________________________]
[Agency Name]
[________________________________]
[Agency Address]
[________________________________]
[City, State, ZIP]

RE: Request for Stay of Enforcement
Agency Case No.: [________________________________]
OAC Case No.: [________________________________] (if applicable)
In the Matter of: [________________________________]
Order/Decision Dated: [__/__/____]

Dear [________________________________]:

Enclosed please find Petitioner's Motion for Stay of Enforcement of the [________________________________] [Order/Decision/Final Action] issued on [__/__/____] in the above-referenced matter. Petitioner respectfully requests that enforcement of the agency's action be stayed pending [☐ agency review / ☐ judicial review pursuant to C.R.S. § 24-4-106].

Under C.R.S. § 24-4-106(4), upon a finding that irreparable injury would otherwise result, the agency or the reviewing court shall postpone the effective date of the agency action pending judicial review. This motion demonstrates that the statutory standard is met.

Respectfully submitted,

_____________________________________________
[Attorney Name / Petitioner Name]
[Colorado Attorney Registration No.: ____________]
[Firm Name]
[Address]
[Phone: ____________________________________]
[Email: ____________________________________]

2. FORMAL MOTION/PETITION FOR STAY OF ENFORCEMENT

IN THE [☐ DISTRICT COURT, ________________ COUNTY, STATE OF COLORADO / ☐ BEFORE THE ________________________________ (AGENCY) / ☐ OFFICE OF ADMINISTRATIVE COURTS]

STATE OF COLORADO

MOTION FOR STAY OF ENFORCEMENT PENDING JUDICIAL REVIEW

(C.R.S. § 24-4-106(4))

COMES NOW the Petitioner, [________________________________], by and through [☐ undersigned counsel / ☐ pro se], and respectfully moves this [☐ Honorable Court / ☐ Agency / ☐ Office of Administrative Courts] for an order staying enforcement of the [________________________________] [Decision/Order/Final Action] dated [__/__/____], pending [☐ judicial review pursuant to C.R.S. § 24-4-106 / ☐ agency reconsideration].

In support of this Motion, Petitioner states as follows:

3. STATEMENT OF FACTS

A. Parties and Jurisdiction

1. Petitioner [________________________________] is a [☐ individual / ☐ corporation / ☐ partnership / ☐ limited liability company / ☐ other: ________________] [licensed/permitted/authorized] by the [________________________________] [Agency/Board/Division] to [________________________________].

2. The [________________________________] [Agency/Board/Division] is a state administrative agency of the State of Colorado, operating under the Department of [________________________________], with jurisdiction over [________________________________].

3. This [☐ Court / ☐ Agency] has authority to grant a stay of enforcement under C.R.S. § 24-4-106(4).

B. Procedural History

4. On [__/__/____], the Agency initiated [☐ enforcement action / ☐ licensing proceeding / ☐ permit revocation / ☐ penalty action / ☐ disciplinary proceeding / ☐ other: ________________] against Petitioner.

5. The matter [☐ was / ☐ was not] referred to the Office of Administrative Courts (OAC) for hearing under C.R.S. § 24-30-1001 et seq.

6. On [__/__/____], an administrative hearing was conducted before [________________________________] [Administrative Law Judge at OAC / Agency Hearing Officer / Board].

7. On [__/__/____], the [☐ ALJ issued an initial decision / ☐ Agency issued its final order / ☐ Board issued its decision] (the "Order"), which:

☐ Revokes Petitioner's [license/permit/certification/registration]
☐ Suspends Petitioner's [license/permit/certification/registration] for [____] days/months
☐ Imposes a civil penalty/fine of $[________________________________]
☐ Requires Petitioner to [________________________________]
☐ Prohibits Petitioner from [________________________________]
☐ Issues a cease and desist order regarding [________________________________]
☐ Denies Petitioner's [application/renewal] for [________________________________]
☐ Places Petitioner on probation with conditions for [____] [months/years]
☐ Other: [________________________________]

8. On [__/__/____], Petitioner [☐ filed an action for judicial review in district court under C.R.S. § 24-4-106 / ☐ filed exceptions to the ALJ's initial decision / ☐ filed a petition for reconsideration].

9. The action for judicial review [☐ has / ☐ has not] been filed. If filed, it was filed within 35 days of the agency action becoming effective, as required by C.R.S. § 24-4-106(4).

C. Nature of the Enforcement Action

10. [________________________________]
    [Describe the specific enforcement action and its impact on Petitioner in detail]

4. LEGAL STANDARD FOR STAY UNDER COLORADO LAW

A. Statutory Framework

The Colorado Administrative Procedure Act (APA), C.R.S. § 24-4-101 et seq., governs administrative proceedings and judicial review. Key provisions:

C.R.S. § 24-4-106(4) — Stay Pending Judicial Review (Mandatory Upon Showing of Irreparable Injury):

"Upon a finding that irreparable injury would otherwise result, the agency, upon application therefor, shall postpone the effective date of the agency action pending judicial review, or the reviewing court, upon application therefor and regardless of whether such an application previously has been made to or denied by any agency, and upon such terms and upon such security, if any, as the court shall find necessary and order, shall issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve status or rights pending conclusion of review proceedings."

Key features of § 24-4-106(4):

• The stay is mandatory ("shall") upon a finding of irreparable injury — not merely discretionary
• The agency must grant a stay upon a finding of irreparable injury
• The court must grant a stay regardless of whether the agency previously denied the request
• The court may impose terms and security as conditions of the stay
• The purpose is to "postpone the effective date" or "preserve status or rights"

C.R.S. § 24-4-105 — Hearings and Determinations:

Governs the conduct of agency hearings. The agency's initial decision or final order may be subject to stay under § 24-4-106(4).

C.R.S. § 24-4-106 — Judicial Review:

Any person adversely affected or aggrieved by any agency action may commence an action for judicial review in the district court within 35 days after such agency action becomes effective. The court reviews the agency action on the record.

B. Standard Applicable to Stay Requests

Colorado law establishes a more petitioner-friendly standard than many other states:

Primary Standard: The stay is mandatory upon a finding of irreparable injury. The statute uses the word "shall," making the stay non-discretionary once irreparable injury is established.

Additional Equitable Factors: Colorado courts also consider the traditional equitable factors in determining the terms and conditions of the stay:

1. Irreparable injury (the statutory trigger — REQUIRED)
2. Likelihood of success on the merits (considered in setting terms)
3. Balance of hardships (considered in setting terms and security)
4. Public interest (considered in setting terms)

C. Agency vs. Court Authority

☐ Agency-Level Stay: Under § 24-4-106(4), the agency itself "shall" postpone the effective date upon a finding of irreparable injury. Apply to the agency first.

☐ Court-Level Stay: If the agency denies the stay (or regardless of whether the agency has been asked), the reviewing district court "shall" issue the stay upon the same showing. The statute expressly allows the court to act "regardless of whether such an application previously has been made to or denied by any agency."

☐ Office of Administrative Courts (OAC): If the matter was heard by an OAC ALJ, the ALJ's initial decision may be subject to exceptions or agency review before becoming final. The stay request may need to be directed to the agency head rather than the OAC.

D. Security and Terms

The court may impose "such terms and upon such security, if any, as the court shall find necessary." The statute gives the court discretion on whether to require security and in what amount.

E. Scope of Judicial Review

Under C.R.S. § 24-4-106(7), the court shall hold unlawful and set aside the agency action if it is:

☐ 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 the procedures of the APA or as otherwise required by law
☐ An abuse or clearly unwarranted exercise of discretion
☐ Based upon findings of fact that are clearly erroneous on the whole record
☐ Unsupported by substantial evidence when the record is considered as a whole
☐ Otherwise contrary to law

5. GROUNDS ANALYSIS (FOUR-FACTOR TEST)

Threshold Showing: Irreparable Injury (REQUIRED)

Under C.R.S. § 24-4-106(4), Petitioner must demonstrate that irreparable injury would result absent a stay. Once shown, the stay is mandatory.

Petitioner will suffer irreparable injury without a stay because:

☐ Loss of license/permit: Petitioner's [________________________________] license/permit/registration will be [revoked/suspended], preventing Petitioner from [________________________________]. This constitutes irreparable injury because a license is a property interest that cannot be restored through monetary damages.

☐ Business closure/destruction: Without the ability to [________________________________], Petitioner's business will [________________________________]. The loss of an ongoing business, customer relationships, and goodwill constitutes irreparable harm.

☐ Loss of employment/livelihood: Petitioner will lose [☐ current employment / ☐ professional standing / ☐ ability to earn a living in the field of ________________]. Loss of livelihood is the paradigm of irreparable injury.

☐ Financial devastation: The enforcement action will cause immediate and irreversible financial harm including [________________________________]

☐ Reputational harm: Enforcement of the order will cause irreparable damage to Petitioner's professional reputation because [________________________________]. Reputational injury is inherently irreparable.

☐ Loss of constitutional rights: [________________________________]

☐ Health or safety concerns: [________________________________]

☐ Loss of employees/workforce: Petitioner's employees will [________________________________], and this workforce cannot be readily reassembled.

☐ Other irreparable injury: [________________________________]

Detailed argument on irreparable injury:
[________________________________]
[________________________________]
[________________________________]

Factor 2: Likelihood of Success on the Merits

(Considered by the court in setting terms and conditions of the stay)

Petitioner demonstrates a substantial likelihood of success on the merits because:

☐ The Agency's decision is arbitrary or capricious: [________________________________]

☐ The Agency's decision is unsupported by substantial evidence: [________________________________]

☐ The Agency exceeded its statutory jurisdiction or authority: [________________________________]

☐ The Agency violated Petitioner's constitutional rights: [________________________________]

☐ The Agency failed to follow required procedures under the APA: [________________________________]

☐ The Agency's decision is based on clearly erroneous findings of fact: [________________________________]

☐ The Agency's decision is contrary to law: [________________________________]

☐ The Agency abused its discretion: [________________________________]

Detailed argument:
[________________________________]
[________________________________]
[________________________________]

Factor 3: Balance of Hardships

The hardship to Petitioner from denial of a stay substantially outweighs any harm to the Agency or other parties from granting a stay:

Harm to Petitioner if stay is DENIED:
[________________________________]
[________________________________]

Harm to Agency/Third Parties if stay is GRANTED:
[________________________________]
[________________________________]

Analysis:
☐ The Agency will suffer no material harm from a temporary delay in enforcement because [________________________________]

☐ The status quo can be maintained without risk to [☐ public safety / ☐ public health / ☐ consumer protection] because [________________________________]

☐ Conditions can be imposed that adequately protect the Agency's interests during the stay period, including [________________________________]

☐ Third parties will not be prejudiced by a stay because [________________________________]

Factor 4: Public Interest

A stay of enforcement serves the public interest because:

☐ The public interest is served by ensuring that agency actions comply with statutory requirements before enforcement

☐ Permitting Petitioner to continue [________________________________] serves the public interest because [________________________________]

☐ There is no immediate threat to public health, safety, or welfare

☐ The public interest favors preserving the status quo pending judicial review

☐ Colorado's statutory scheme mandates the stay upon showing irreparable injury, reflecting the legislature's determination that the public interest is served by providing this protection

☐ [________________________________]

Detailed argument:
[________________________________]
[________________________________]

6. BOND/SECURITY PROVISIONS

A. Bond Offer

Petitioner [☐ offers / ☐ does not believe security is necessary] to post a bond or other security as a condition of the stay.

Proposed bond/security amount: $[________________________________]
Type of security offered:

☐ Cash deposit
☐ Surety bond
☐ Letter of credit
☐ Real property lien
☐ Other: [________________________________]

B. Conditions Accepted

Petitioner is willing to comply with the following conditions during the stay period:

☐ Maintain current [license/permit/certification/registration] requirements
☐ Continue compliance with all applicable laws and regulations
☐ Submit periodic reports to the Agency regarding [________________________________]
☐ Refrain from [________________________________]
☐ Permit Agency inspection or monitoring of [________________________________]
☐ Maintain insurance coverage of $[________________________________]
☐ Limit scope of practice/operations to [________________________________]
☐ Submit to supervision or monitoring by [________________________________]
☐ Other conditions: [________________________________]

C. Colorado-Specific Security Considerations

Under C.R.S. § 24-4-106(4):

☐ The court may impose "such terms and upon such security, if any, as the court shall find necessary" — the statute expressly contemplates that security may not be required in all cases

☐ The amount and type of security are within the court's discretion

☐ Security should be proportionate to the potential harm from the stay

☐ The court should consider the petitioner's ability to post security without rendering the stay meaningless

☐ For license cases, argue that the primary "harm" from the stay is regulatory rather than monetary, and therefore security is not necessary or should be nominal

D. Argument Against Security Requirement

☐ No security should be required because the statute says "if any": [________________________________]
☐ Petitioner lacks financial resources to post security: [________________________________]
☐ The nature of the proceeding does not warrant security: [________________________________]
☐ The proposed conditions adequately protect all interests without need for monetary security: [________________________________]

7. EMERGENCY STAY PROCEDURES

A. Request for Emergency/Temporary Stay

Petitioner requests an emergency temporary stay because:

☐ The enforcement action takes effect on [__/__/____], which is [____] days from this filing
☐ There is insufficient time for the normal briefing schedule
☐ Immediate and irreparable harm will result without emergency relief
☐ The circumstances justifying the emergency are: [________________________________]

B. Emergency Stay Motion

EMERGENCY MOTION FOR TEMPORARY STAY OF ENFORCEMENT

Petitioner respectfully requests that this [☐ Honorable Court / ☐ Agency] issue an emergency temporary stay of enforcement of the Order dated [__/__/____], to remain in effect until this [☐ Court / ☐ Agency] can rule on the pending Motion for Stay of Enforcement on full briefing.

Grounds for emergency relief:

1. [________________________________]
2. [________________________________]
3. [________________________________]

Efforts to notify opposing party:
Petitioner [☐ has / ☐ has not] been able to provide notice to the Agency/opposing party. [If not, explain why: ________________________________]

C. Colorado-Specific Emergency Procedures

Under Colorado practice, emergency stays may be sought:

☐ From the agency that issued the order under C.R.S. § 24-4-106(4) — the agency "shall" postpone the effective date upon a finding of irreparable injury
☐ From the district court upon filing of an action for judicial review under C.R.S. § 24-4-106
☐ By filing a motion for temporary restraining order under C.R.C.P. 65
☐ By requesting ex parte relief in exigent circumstances

Filing Location:
Under C.R.S. § 24-4-106(2), the action for judicial review must be commenced in the district court for the judicial district in which the agency action occurred, or in the Denver District Court (if the agency is located in Denver).

Office of Administrative Courts:
Office of Administrative Courts
1525 Sherman Street, 4th Floor
Denver, CO 80203
Phone: (303) 866-2000

D. Temporary Restraining Order

Under C.R.C.P. 65, Petitioner may seek a temporary restraining order (TRO) to maintain the status quo:

☐ File a verified complaint or motion supported by affidavit
☐ Show that immediate and irreparable injury will result before the adverse party can be heard
☐ Post security as required by the court (C.R.C.P. 65(c))
☐ The TRO expires within 14 days unless extended by the court

8. OPPOSITION RESPONSE TEMPLATE

IN THE DISTRICT COURT, [________________________________] COUNTY

STATE OF COLORADO

AGENCY'S OPPOSITION TO MOTION FOR STAY OF ENFORCEMENT

The [________________________________] [Agency/Board/Division], by and through the [☐ Colorado Attorney General's Office / ☐ agency counsel], hereby opposes Petitioner's Motion for Stay of Enforcement and states as follows:

I. Petitioner Has Not Demonstrated Irreparable Injury

The threshold requirement under C.R.S. § 24-4-106(4) is a finding of irreparable injury. Petitioner has not met this burden because:

[________________________________]

II. Petitioner Has Not Demonstrated Likelihood of Success on the Merits

[________________________________]

III. The Balance of Hardships Favors Denial of the Stay

[________________________________]

IV. The Public Interest Weighs Against a Stay

[________________________________]

V. If a Stay Is Granted, Stringent Terms and Security Are Required

☐ Security/bond in the amount of $[________________________________]
☐ Compliance with [________________________________]
☐ Reporting requirements: [________________________________]
☐ Practice restrictions: [________________________________]
☐ Monitoring/supervision: [________________________________]
☐ Other: [________________________________]

WHEREFORE, the Agency respectfully requests that this Court deny Petitioner's Motion for Stay of Enforcement.

Respectfully submitted,

_____________________________________________
[Assistant Attorney General / Agency Counsel]
[Colorado Attorney Registration No.: ____________]
[Colorado Attorney General's Office / Agency]
[Address]
[Phone]
[Email]
Date: [__/__/____]

9. PROPOSED ORDER GRANTING STAY

IN THE DISTRICT COURT, [________________________________] COUNTY

STATE OF COLORADO

ORDER [GRANTING / DENYING] STAY OF ENFORCEMENT

(C.R.S. § 24-4-106(4))

THIS MATTER having come before this Court upon Petitioner's Motion for Stay of Enforcement pursuant to C.R.S. § 24-4-106(4), and the Court having considered the motion, any opposition, the administrative record, and the applicable law;

THE COURT FINDS that:

☐ Petitioner has demonstrated that irreparable injury would result absent a stay, satisfying the threshold requirement of C.R.S. § 24-4-106(4)
☐ Petitioner has demonstrated a likelihood of success on the merits
☐ The balance of hardships favors Petitioner
☐ The public interest supports granting a stay
☐ The following terms and security are necessary and appropriate

IT IS HEREBY ORDERED that, pursuant to C.R.S. § 24-4-106(4):

☐ STAY GRANTED: The effective date of the [________________________________] [Order/Decision] dated [__/__/____] is hereby POSTPONED, and the status quo shall be preserved, pending conclusion of judicial review proceedings, subject to the following terms:

1. [________________________________]
2. [________________________________]
3. [________________________________]

☐ SECURITY REQUIRED: Petitioner shall post security in the amount of $[________________________________] within [____] days of this Order.

☐ DURATION: This stay shall remain in effect until [☐ conclusion of judicial review proceedings / ☐ further order of this Court / ☐ __/__/____], whichever occurs first.

☐ STAY DENIED: The Motion for Stay of Enforcement is DENIED because the Court finds that Petitioner has not demonstrated irreparable injury [and/or for the following additional reasons: ________________________________].

SO ORDERED this [____] day of [________________], 20[____].

_____________________________________________
District Court Judge

10. APPEAL OF STAY DENIAL

A. Options Upon Denial of Stay

If the stay request is denied, Petitioner may:

☐ Agency-level denial — Seek court stay: File an action for judicial review under C.R.S. § 24-4-106 and request a stay from the district court. Importantly, the statute expressly allows the court to grant the stay "regardless of whether such an application previously has been made to or denied by any agency."

☐ District court denial — Seek appellate review: File an interlocutory appeal or petition for review with the Colorado Court of Appeals under C.A.R. 21 (Original Proceedings — Prohibition, Mandamus, Habeas Corpus, and Other Extraordinary Writs).

☐ Request reconsideration: File a motion for reconsideration of the stay denial, presenting additional evidence of irreparable injury.

☐ Modify the request: Submit a revised stay request offering additional security or more stringent conditions.

B. Colorado Court of Appeals Review

Petition Under C.A.R. 21:
☐ File a petition for writ under C.A.R. 21 to challenge the denial of a stay
☐ Argue that the district court was required to grant the stay under the mandatory language of C.R.S. § 24-4-106(4) ("shall")
☐ Show that Petitioner demonstrated irreparable injury and the court erred in finding otherwise
☐ Request an emergency stay from the Court of Appeals pending resolution of the petition

Interlocutory Appeal:
☐ In some cases, the denial of a stay may be immediately appealable as a collateral order
☐ File a motion for stay pending appeal under C.A.R. 8

C. Colorado Supreme Court Review

In extraordinary cases, Petitioner may seek certiorari review from the Colorado Supreme Court if the Court of Appeals denies relief.

11. DOCUMENT CHECKLIST

Documents to File with Stay Request

☐ Motion/Petition for Stay of Enforcement (this document)
☐ Cover letter
☐ Brief/memorandum in support of stay
☐ Declaration/Affidavit of Petitioner regarding irreparable injury
☐ Declaration/Affidavit regarding likelihood of success on the merits
☐ Copy of the agency order/decision being challenged
☐ Copy of action for judicial review (if filed)
☐ Proposed Order granting stay
☐ Certificate of service on all parties
☐ Security/bond documentation (if applicable)
☐ Exhibits supporting the stay request:
☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]

Filing Requirements Under C.R.S. § 24-4-106

☐ File action for judicial review within 35 days after agency action becomes effective (C.R.S. § 24-4-106(4))
☐ File in the district court for the judicial district where the agency action occurred, or in Denver District Court
☐ Serve the agency and all parties of record
☐ File the stay motion — consider filing simultaneously with the action for judicial review
☐ Pay filing fee: $[____]
☐ Comply with Colorado Rules of Civil Procedure
☐ Calendar the 35-day deadline
☐ Calendar response deadline and hearing date

Service Requirements

☐ Serve the Attorney General's Office (if representing the agency)
☐ Serve the agency directly
☐ Serve all parties of record
☐ File certificate of service with the court
☐ Method of service: ☐ Personal ☐ Mail ☐ Electronic (Colorado Courts E-Filing)

12. PRACTICE TIPS

Colorado-Specific Considerations

1. Mandatory Stay — "Shall" Language: Colorado's stay provision is unusually favorable to petitioners. Under C.R.S. § 24-4-106(4), the agency or court "shall" postpone the effective date upon a finding of irreparable injury. This is mandatory, not discretionary. Emphasize the "shall" language in your motion.

2. Irreparable Injury as Threshold: The sole threshold requirement is a showing of irreparable injury. Once established, the stay must be granted. Other equitable factors (likelihood of success, balance of hardships, public interest) are relevant to the terms and conditions of the stay, but not to whether the stay is granted.

3. Court Acts Regardless of Agency Denial: The statute expressly provides that the court shall act "regardless of whether such an application previously has been made to or denied by any agency." This means the agency's denial of a stay does not preclude or even weigh against a court-level stay.

4. Security is Discretionary: The statute says "upon such security, if any, as the court shall find necessary." The phrase "if any" means security is not automatically required. Argue that no security or minimal security is needed where conditions adequately protect the public.

5. 35-Day Filing Deadline: Actions for judicial review must be filed within 35 days after the agency action becomes effective. This is a jurisdictional deadline — do not miss it.

6. Office of Administrative Courts (OAC): Many Colorado agency cases are heard by ALJs at the OAC under C.R.S. § 24-30-1001 et seq. The ALJ issues an initial decision, which may be subject to exceptions before the agency head. Understand where your case is in the process before directing the stay request.

7. Department of Regulatory Agencies (DORA): Many Colorado professional licensing boards operate under DORA. DORA divisions include:
   - Division of Professions and Occupations
   - Division of Insurance
   - Division of Real Estate
   - Division of Securities
   - Public Utilities Commission
   - Division of Banking

8. Denver District Court as Default: If the agency is located in Denver (as many are), the Denver District Court is often the proper venue for judicial review.

9. Scope of Review: Under § 24-4-106(7), the court reviews the agency record. Familiarize yourself with the specific grounds for reversal and frame your likelihood-of-success argument around those grounds.

10. Attorney General Involvement: The Colorado Attorney General's Office typically represents state agencies in judicial review proceedings. Serve the AG's office even if the agency has its own counsel.

Timing Strategy

• Apply to the agency for a stay first under § 24-4-106(4), emphasizing irreparable injury
• If the agency denies the stay, immediately file the action for judicial review and stay motion in district court
• File the stay motion simultaneously with the action for judicial review
• Calendar the 35-day deadline for filing the judicial review action
• Request an expedited hearing on the stay motion if the order takes effect soon

Common Pitfalls

• Failing to emphasize the mandatory "shall" language and the irreparable injury threshold
• Missing the 35-day deadline for filing the action for judicial review
• Treating the four-factor test as equal factors (in Colorado, irreparable injury is the gateway)
• Not taking advantage of the "regardless of whether such an application previously has been made to or denied by any agency" language
• Conceding that security is required when the statute says "if any"
• Filing in the wrong judicial district
• Confusing OAC initial decisions with final agency orders
• Not serving the Attorney General's Office

13. SOURCES AND REFERENCES

Colorado Statutes

• C.R.S. § 24-4-101 et seq. — Colorado Administrative Procedure Act
• C.R.S. § 24-4-104 — Rulemaking
• C.R.S. § 24-4-105 — Hearings and Determinations
• C.R.S. § 24-4-106 — Judicial Review
• C.R.S. § 24-4-106(4) — Stay Pending Judicial Review
• C.R.S. § 24-4-106(7) — Scope of Judicial Review
• C.R.S. § 24-30-1001 et seq. — Office of Administrative Courts

Colorado Court Rules

• Colorado Rules of Civil Procedure (C.R.C.P.), Rule 65 (Injunctions)
• Colorado Rules of Civil Procedure (C.R.C.P.), Rule 106 (Review of Governmental Actions)
• Colorado Appellate Rules (C.A.R.), Rule 8 (Stay Pending Appeal)
• Colorado Appellate Rules (C.A.R.), Rule 21 (Original Proceedings)

Official Resources

• Colorado General Assembly (Statutes): https://leg.colorado.gov/colorado-revised-statutes
• Office of Administrative Courts: https://www.colorado.gov/oac
• Department of Regulatory Agencies (DORA): https://dora.colorado.gov/
• Colorado Attorney General: https://coag.gov/
• Colorado Judicial Branch: https://www.courts.state.co.us/
• Colorado Courts E-Filing: https://www.courts.state.co.us/efiling/

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Colorado before use. Laws and procedures change; verify all citations and requirements are current before filing. Last updated: 2026-03-08.