Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

(15) (a) Any party who seeks to reverse or
modify the initial decision of the administrative law
judge or the hearing officer shall file with the agency,
within twenty days following such decision, a
designation of the relevant parts of the record described
in subsection (14) of this section and of the parts of the
transcript of the proceedings which shall be prepared
and advance the cost therefor. A copy of this
designation shall be served on all parties. Within ten
days thereafter, any other party or the agency may also
file a designation of additional parts of the transcript of
the proceedings which is to be included and advance the
cost therefor. The transcript or the parts thereof which
may be designated by the parties or the agency shall be
prepared by the reporter or, in the case of an electronic
recording device, the agency and shall thereafter be
filed with the agency. No transcription is required if the
agency's review is limited to a pure question oflaw.
The agency may permit oral argument. The grounds of
the decision shall be within the scope of the issues
presented on the record. The record shall include all
matters constituting the record upon which the decision
of the administrative law judge or the hearing officer
was based, the rulings upon the proposed findings and
conclusions, the initial decision of the administrative
law judge or the hearing officer, and any other
exceptions and briefs filed.
(b) The findings of evidentiary fact, as
distinguished from ultimate conclusions of fact, made
by the administrative law judge or the hearing officer
shall not be set aside by the agency on review of the
initial decision unless such findings of evidentiary fact
are contrary to the weight of the evidence. The agency
may remand the case to the administrative law judge or
the hearing officer for such further proceedings as it
may direct, or it may affIrm, set aside, or modify the
order or any sanction or relief entered therein, in
conformity with the facts and the law.
(16) (a) Each decision and initial decision
shall be served on each party by personal service or by
mailing by first-class mail to the last address furnished
the agency by such party and, except as provided in
paragraph (b) of this subsection (16), shall be effective
as to such party on the date mailed or such later date as
is stated in the decision.
(b) Upon application by a party, and prior to
the expiration of the time allowed for commencing an
action for judicial review, the agency may change the
effective date of a decision or initial decision.

24-4-106. Judicial review. (1) In order to assure a
plain, simple, and prompt judicial remedy to persons or
parties adversely affected or aggrieved by agency
actions, the provisions of this section shall be
applicable.
(2) Final agency action under this or any other
law shall be subject to judicial review as provided in
this section, whether or not an application for
reconsideration has been filed, unless the filing of an

application for reconsideration is required by the
statutory provisions governing the specific agency. In
the event specific provisions for rehearing as a basis for
judicial review as applied to any particular agency are in
effect on or after July 1, 1969, then such provisions
shall govern the rehearing and appeal procedure, the
provisions of this article to the contrary
notwithstanding.
(3) An action may be commenced in any court
of competent jurisdiction by or on behalf of an agency
for judicial enforcement of any final order of such
agency. In any such action, any person adversely
affected or aggrieved by such agency action may obtain
judicial review of such agency action.
(4) Except as provided in subsection (11) of
this section, any person adversely affected or aggrieved
by any agency action may commence an action for
judicial review in the district court within thirty days
after such agency action becomes effective; but, if such
agency action occurs in relation to any hearing pursuant
to section 24-4-105, then the person must also have
been a party to such agency hearing. A proceeding for
such review may be brought against the agency by its
offIcial title, individuals who comprise the agency, or
any person representing the agency or acting on its
behalf in the matter sought to be reviewed. The
complaint shall state the facts upon which the plaintiff
bases the claim that he has been adversely affected or .
aggrieved, the reasons entitling him to relief, and the
relief which he seeks. Every party to an agency action
in a proceeding under section 24-4-105 not appearing as
plaintiff in such action for judicial review shall be made
a defendant; except that, in review of agency actions
taken pursuant to section 24-4-103, persons
participating in the rule-making proceeding need not be
made defendants. Each agency conducting a rule-
making proceeding shall maintain a docket listing the
name, address, and telephone number of every person
who has participated in a rule-making proceeding by
written statement, or by oral comment at a hearing. Any
person who commences suit for judicial review of the
rule shall notify each person on the agency's docket of
the fact that a suit has been commenced. The notice
shall be sent by first-class certified mail within ten days
after filing of the action and shall be accompanied by a
copy of the complaint for judicial review bearing the
action number of the case. Thereafter, service of
process, responsive pleadings, and other matters of
procedure shall be controlled by the Colorado rules of
civil procedure. An action shall not be dismissed for
failure to join an indispensable party until an
opportunity has been afforded to an affected party to
bring the indispensable party into the action. The
residence of a state agency for the purposes of this
subsection (4) shall be deemed to be the city and county
of Denver. In any action in which the plaintiff seeks
judicial review of an agency decision made after a
hearing as provided in section 24-4-105, the parties after
issue is joined shall file briefs within the time periods
specified in the Colorado appellate rules.

17