(1) Any complainant or respondent claiming to be aggrieved by a final order of the commission, including a refusal to issue an order, may obtain judicial review thereof, and the commission may obtain an order of court for its enforcement in a proceeding as provided in this section.
(2) Such proceeding shall be brought in the court of appeals by appropriate proceedings under section 24-4-106 (11).
(3) Such proceeding shall be initiated by the filing of a petition in the court of appeals and the service of a copy thereof upon the commission and upon all parties who appeared before the commission, and thereafter such proceeding shall be processed under the Colorado appellate rules. The court of appeals shall have jurisdiction of the proceeding and the questions determined therein and shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified or setting aside the order of the commission in whole or in part.
(4) An objection that has not been urged before the commission shall not be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
(5) Any party may move the court to remit the case to the commission in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, if such party shows reasonable grounds for the failure to adduce such evidence before the commission.
(6) The findings of the commission as to the facts shall be conclusive if supported by substantial evidence.
(7) The jurisdiction of the court shall be exclusive and its judgment and order shall be final, subject to review as provided by law and the Colorado appellate rules.
(8) The commission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commission's orders.
(9) The commission may appear in court by its own attorney.
(9.5) Upon application by a person alleging a discriminatory housing practice under section 24-34-502 or a person against whom such a practice is alleged, the court may appoint an attorney for such person or may authorize the commencement or continuation of a civil action without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action.
(10) The commission or court upon motion may grant a stay of the commission order pending appeal.
(11) Appeals filed under this section shall be heard expeditiously and determined upon the transcript filed, without requirement for printing. Hearings in the court of appeals under this part 3 shall take precedence over all other matters, except matters of the same character.
(12) If no proceeding to obtain judicial review is instituted by a complainant or respondent within forty-nine days from the service of an order of the commission pursuant to section 24-34-306, the commission may obtain a decree of the district court for the enforcement of such order upon showing that such respondent is subject to the jurisdiction of the commission and resides or transacts business within the county in which the petition for enforcement is brought.
Source: L. 79: Entire part R&RE, p. 927, § 3, effective July 1. L. 81: (2) and (12) amended, p. 1144, § 7, effective April 30. L. 90: (9.5) added, p. 1224, § 1, effective April 16. L. 2015: (12) amended, (SB 15-264), ch. 259, p. 959, § 67, effective August 5.
Notes of Decisions
Masterpiece Cakeshop, Inc. & Jack Phillips v. Autumn Scardina, 2024 CO 67 (Colo. 2024).
· cites it 41× “Once the complainant starts down the administrative adjudicatory path before the Commission, appellate 19 review is then available under section 24-34-307. If, instead, one of the paths to adjudication in the district court is satisfied, and the complainant elects that route,…”
Williams v. Dep't of Pub. Saf., 2015 COA 180 (Colo. Ct. App. 2015).
· cites it 6× “ Legislative History ¶90        Under a predecessor to the former remedies section, a respondent employer could be required to take affirmative action, â including (but not limited to) hiring, reinstatement or up-grading of employees, with or without back pay .”
World Wide Constr. Servs., Inc. v. Chapman, 683 P.2d 1198 (Colo. 1984).
· cites it 5× “Section 24-34-307(12), 10 C.R.S. (1973), 1 the forerunner of section 24-34-405, provided in part: “[T]he commission shall [require the respondent] to take such affirmative action, including (but not limited to) hiring, reinstatement, or upgrading of employees, with or without…”
Silverman v. Univ. of Colorado, 541 P.2d 93 (Colo. Ct. App. 1975).
· cites it 4× “As to this alleged due process violation, the court noted that plaintiff had challenged the action of the University in a separate proceeding before the Colorado Civil Rights Commission (Commission) pursuant to § 24-34-307, C.R.S.1973, and it concluded that the "substantive and…”
North Washington Street Water & Sanitation Dist. v. Emerson, 626 P.2d 1152 (Colo. Ct. App. 1980).
· cites it 3× “Section 24-34-307(14), C.R.S. 1973, provides that: “The commission shall establish rules to govern, expedite, and effectuate the foregoing [hearing] procedures and its own actions thereunder.”
At & T Tech., Inc. v. Royston, 772 P.2d 1182 (Colo. Ct. App. 1989).
· cites it 2× “Although there was a conflict in the medical testimony as to whether the work restrictions permitted Royston to perform wire wrapping, the Commission resolved that conflict by determining that extensive wire wrapping aggravates Royston’s symptoms to a point that he cannot…”
Sisneros v. Woodward Governor Co., 560 P.2d 97 (Colo. 1977).
· cites it 19× “The issue is whether section 24-34-307, C.R.S. 1973 authorizes the commission, or any member of the commission, to file a complaint against any employer for engaging in alleged discriminatory or unfair employment practices, when the complaint is not premised on the claim of an…”
— Colo. Rev. Stat. § 24-34-307(1) — 3 cases
Masterpiece Cakeshop, Inc. & Jack Phillips v. Autumn Scardina, 2024 CO 67 (Colo. 2024).
“Once the complainant starts down the administrative adjudicatory path before the Commission, appellate 19 review is then available under section 24-34-307. If, instead, one of the paths to adjudication in the district court is satisfied, and the complainant elects that route,…”
Sisneros v. Woodward Governor Co., 560 P.2d 97 (Colo. 1977).
“The issue is whether section 24-34-307, C.R.S. 1973 authorizes the commission, or any member of the commission, to file a complaint against any employer for engaging in alleged discriminatory or unfair employment practices, when the complaint is not premised on the claim of an…”
— Colo. Rev. Stat. § 24-34-307(10) — 1 case
— Colo. Rev. Stat. § 24-34-307(12) — 6 cases
Williams v. Dep't of Pub. Saf., 2015 COA 180 (Colo. Ct. App. 2015).
“ Legislative History ¶90        Under a predecessor to the former remedies section, a respondent employer could be required to take affirmative action, â including (but not limited to) hiring, reinstatement or up-grading of employees, with or without back pay .”
World Wide Constr. Servs., Inc. v. Chapman, 683 P.2d 1198 (Colo. 1984).
“Section 24-34-307(12), 10 C.R.S. (1973), 1 the forerunner of section 24-34-405, provided in part: “[T]he commission shall [require the respondent] to take such affirmative action, including (but not limited to) hiring, reinstatement, or upgrading of employees, with or without…”
Silverman v. Univ. of Colorado, 541 P.2d 93 (Colo. Ct. App. 1975).
“As to this alleged due process violation, the court noted that plaintiff had challenged the action of the University in a separate proceeding before the Colorado Civil Rights Commission (Commission) pursuant to § 24-34-307, C.R.S.1973, and it concluded that the "substantive and…”
— Colo. Rev. Stat. § 24-34-307(14) — 1 case
— Colo. Rev. Stat. § 24-34-307(15) — 2 cases
— Colo. Rev. Stat. § 24-34-307(2) — 3 cases
Masterpiece Cakeshop, Inc. & Jack Phillips v. Autumn Scardina, 2024 CO 67 (Colo. 2024).
“Once the complainant starts down the administrative adjudicatory path before the Commission, appellate 19 review is then available under section 24-34-307. If, instead, one of the paths to adjudication in the district court is satisfied, and the complainant elects that route,…”
— Colo. Rev. Stat. § 24-34-307(3) — 1 case
— Colo. Rev. Stat. § 24-34-307(6) — 3 cases
At & T Tech., Inc. v. Royston, 772 P.2d 1182 (Colo. Ct. App. 1989).
“Although there was a conflict in the medical testimony as to whether the work restrictions permitted Royston to perform wire wrapping, the Commission resolved that conflict by determining that extensive wire wrapping aggravates Royston’s symptoms to a point that he cannot…”
— Colo. Rev. Stat. § 24-34-307(8) — 1 case
— Colo. Rev. Stat. § 24-34-307(9) — 1 case
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