44-30-520. Appeal of final action of commission.

Statute text

Any person aggrieved by a final action of the commission may appeal the final action to the court of appeals pursuant to section 24-4-106.

History

Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 192, 2, effective October 1.

Annotations

Editor's note: This section is similar to former 12-47.1-521 as it existed prior to 2018.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 44-30-520 is similar to 12-47.1-521 as it existed prior to its 2018 relocation to this section, relevant cases construing that provision have been included in the annotations to this section.

This section barred the district court from considering a complaint regarding a final action of an agency. Agency provided for entertaining and disposing of petitions for declaratory orders. When, as here, a claimant is provided with relief, the extraordinary provisions of C.R.C.P. 57 and 106 are not available. Purcell v. Colo. Div. of Gaming, 919 P.2d 905 (Colo. App. 1996).

This section gives the court of appeals exclusive jurisdiction to review the rule-making actions of the commission. The plain meaning of this section, read with 24-4-106 (11) and 24-4-107, is that the review of all final actions of the commission, including rule-making actions, is to be sought solely in the court of appeals. The phrase "a final action" means any final action of the commission, including both adjudicatory orders and rule-making actions. The word "may" in this section merely indicates the general assembly's intent to confer a right of review, which an aggrieved individual may or may not exercise. The extraordinary provisions of C.R.C.P. 57 and 106 are not available to the claimants because the relief the claimants have is adequate. County Comm'rs of Gilpin v. City of Black Hawk, 2012 COA 172, 292 P.3d 1172.