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<br />(4.5) Subject to the limitation set forth in
<br />section 39-8-108 (2), c.R.S., the board of county
<br />commissioners of any county of this state may
<br />commence an action in the Denver district court within
<br />the time limit set forth in subsection (4) of this section
<br />for judicial review of any agency action which is
<br />directed to any official, board, or employee of such
<br />county or which involves any duty or function of any
<br />official, board, or employee of such county with the
<br />consent of said official, board, or employee, and to the
<br />extent that said official, board, or employee could
<br />maintain an action under subsection (4) of this section.
<br />In addition, in any action brought against any official,
<br />board, or employee of a county of this state for judicial
<br />enforcement of any fmal order of any agency, the
<br />defendant official, board, or employee may obtain
<br />judicial review of such agency action. In any such
<br />action for judicial review, the county official, board, or
<br />employee shall not be pennitted to seek temporary or
<br />preliminary injunctive relief pending a final decision on
<br />the merits of its claim.
<br />(5) Upon a fmding that irreparable injury
<br />would otherwise result, the agency, upon application
<br />therefor, shall postpone the effective date of the agency
<br />action pending judicial review, or the reviewing court,
<br />upon application therefor and regardless of whether
<br />such an application previously has been made to or
<br />denied by any agency, and upon such terms and upon
<br />such security, if any, as the court shall fmd necessary
<br />and order, shall issue all necessary and appropriate
<br />process to postpone the effective date of the agency
<br />action or to preserve the rights of the parties pending
<br />conclusion of the review proceedings.
<br />(6) In every case of agency action, the record,
<br />unless otherwise stipulated by the parties, shall include
<br />the original or certified copies of all pleadings,
<br />applications, evidence, exhibits, and other papers
<br />presented to or considered by the agency, rulings upon
<br />exceptions, and the decision, fmdings, and action of the
<br />agency. Any person initiating judicial review shall
<br />designate the relevant parts of such record and advance
<br />the cost therefor. As to alleged errors, omissions, and
<br />irregularities ~ the agency record, evidence may be
<br />taken independently by the court.
<br />(7) If the court fmds no error, it shall affirm
<br />the agency action. If it finds that the agency action is
<br />arbitrary or capricious, a denial of statutory right,
<br />contrary to constitutional right, power, privilege, or
<br />immunity, in excess of statutory jurisdiction, authority,
<br />purposes, or limitations, not in accord with the
<br />procedures or procedurallirnitations oftrus article or as
<br />otherwise required by law, an abuse or clearly
<br />unwarranted exercise of discretion, based upon findings
<br />of fact that are clearly erroneous on the whole record,
<br />unsupported by substantial evidence when the record is
<br />considered as a whole, or otherwise contrary to law,
<br />then the court shall hold unlawful and set aside the
<br />agency action and shall restrain the enforcement of the
<br />order or rule under review, compel any agency action to
<br />be taken which has been unlawfully withheld or unduly
<br />
<br />delayed, remand the case for further proceedings, and
<br />afford such other relief as may be appropriate. In
<br />making the foregoing detenninations, the court shall
<br />review the whole record or such portions thereof as may
<br />be cited by any party. In all cases under review, the
<br />court shall detennine all questions of law and interpret
<br />the statutory and constitutional provisions involved and
<br />shall apply such interpretation to the facts duly found or
<br />established.
<br />(8) Upon a showing of irreparable injury, any
<br />court of competent jurisdiction may enjoin at any time
<br />the conduct of any agency proceeding in which the
<br />proceeding itself or the action proposed to be taken
<br />therein is clearly beyond the constitutional or statutory
<br />jurisdiction or authority of the agency. If the court finds
<br />that any proceeding contesting the jurisdiction or
<br />authority of the agency is frivolous or brought for the
<br />purpose of delay, it shall assess against the plaintiff in
<br />such proceeding costs and a reasonable sum for attorney
<br />fees (or an equivalent sum in lieu thereof) incurred by
<br />other parties, including the state.
<br />(9) The decision of the district court shall be
<br />subject to appellate review as may be permitted by law
<br />or the Colorado appellate rules, but a notice of intent to
<br />seek appellate review must be filed with the district
<br />court within forty-five days after its decision becomes
<br />final. If no notice of intent to seek appellate review is
<br />filed with the trial court within forty-five days after its
<br />decision becomes final, the trial court shall immediately
<br />return to the agency its record. Upon disposition of a
<br />case in an appellate court which requires further
<br />proceedings in the trial court, the agency's record shall
<br />be returned to the trial court. On final disposition of the
<br />case in the appellate court when no further proceedings
<br />are necessary or pennitted in the trial court, the agency's
<br />record shall be returned by the appellate court to the
<br />agency with notice of such disposition to the trial court
<br />or to the trial court, in which event the agency's record
<br />shall be returned by the trial court to the agency.
<br />(10) In any judicial review of agency action,
<br />the district court or the appellate court shall advance on
<br />the docket any case which in the discretion of the court
<br />requires acceleration.
<br />(11) (a) Whenever judicial review of any
<br />agency action is directed to the court of appeals, the
<br />provisions of this subsection (11) shall be applicable
<br />except for review of orders of the industrial claim
<br />appeals office.
<br />(b) Such proceeding shall be commenced by
<br />the filing of a notice of appeal with the court of appeals
<br />within forty-five days after the date of the service of the
<br />fmal order entered in the action by the agency, together
<br />with a certificate of service showing service of a copy of
<br />said notice of appeal on the agency and on all other
<br />persons who have appeared as parties to the action
<br />before the agency. The date of service of an order is the
<br />date on which a copy of the order is delivered in person
<br />or, if service is by mail, the date of mailing.
<br />(c) The record on appeal shall conform to the
<br />provisions of subsection (6) of this section. The
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