Colorado Revised Statutes

Colo. Rev. Stat. § 42-2-135 (2026)

Right to appeal

✓ current as of July 2026
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(1) Every person finally denied a license or identification card, whose identification card has been finally canceled, or whose license has been finally canceled, suspended, or revoked by or under the authority of the department may, within thirty- five days thereafter, obtain judicial review in accordance with section 24-4-106, C.R.S.; except that the venue for such judicial review shall be in the county of residence of the person seeking judicial review.

(2) For actions filed on or after January 1, 2024, in the third, fifth, sixth, seventh, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, twenty-first, and twenty- second judicial districts, on or after July 1, 2024, in the fourth, eighth, nineteenth, and twentieth judicial districts, and on or after July 1, 2025, in the first, second, seventeenth, eighteenth, and twenty-third judicial districts, the attorney general shall represent the department in all actions for judicial review filed pursuant to this section. The attorney general is permitted to appear for a hearing pursuant to this section by telephone, use of video teleconferencing technology, or any other court authorized means of electronic participation.

Source: L. 94: Entire title amended with relocations, p. 2154, § 1, effective January 1, 1995. L. 97: (1) amended, p. 203, § 3, effective July 1. L. 2015: (1) amended, (HB 15-1021), ch. 25, p. 63, § 3, effective August 5. L. 2023: (2) amended, (SB 23-251), ch. 361, p. 2168, §1, effective August 7.

Editor's note: This section is similar to former § 42-2-127 as it existed prior to 1994, and the former § 42-2-135 was relocated to § 42-2-143.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1996–2024 · leading case: Kelly Driver Stackpool v. Colorado Dep't of Revenue, Motor Veh. Div., 507 P.3d 100 (Colo. Ct. App. 2021).
Kelly Driver Stackpool v. Colorado Dep't of Revenue, Motor Veh. Div., 507 P.3d 100 (Colo. Ct. App. 2021). · cites it 3× “"After such hearing, the licensee may appeal the decision of the [D]epartment to the district court as provided in section 42-2-135[, C.R.S. 2021]." Id. "Every person .”
Kriz v. Colorado Dep't of Revenue, Motor Veh. Div., 916 P.2d 659 (Colo. Ct. App. 1996). · cites it 2× “See § 42-2-125(4) (revocation proceedings); § 42-2-127(9)(c) (suspension proceedings); see also § 42-2-135(1), C.R.S. (1995 Cum.Supp.) (authorizing licensees to seek “judicial review in accordance with § 24-4-106, C.”
Colorado Dep't of Revenue v. Garner, 53 P.3d 763 (Colo. Ct. App. 2002). · cites it 2× “See § 42-2-135(1), C.R.S.2001; see also § 24-4-106(7), C.”
Stackpool v. Colorado Dep't of Revenue, Div. of Motor Vehs. (Colo. Ct. App. 2021). · cites it 3× ““After such hearing, the licensee may appeal the decision of the [D]epartment to the district court a s provided in section 42-2-135[, C.R.S. 2021].” Id. “Every person .”
Bennett v. Colorado Dep't of Revenue, 2024 COA 97 (Colo. Ct. App. 2024). “” § 42-2-135(1) . Section 24-4-106 provides for judicial review of agency actions, including a driver’s license revocation.”
Colo. Rev. Stat. § 42-2-135(1): 5 cases
Kelly Driver Stackpool v. Colorado Dep't of Revenue, Motor Veh. Div., 507 P.3d 100 (Colo. Ct. App. 2021). “"After such hearing, the licensee may appeal the decision of the [D]epartment to the district court as provided in section 42-2-135[, C.R.S. 2021]." Id. "Every person .”
Kriz v. Colorado Dep't of Revenue, Motor Veh. Div., 916 P.2d 659 (Colo. Ct. App. 1996). “See § 42-2-125(4) (revocation proceedings); § 42-2-127(9)(c) (suspension proceedings); see also § 42-2-135(1), C.R.S. (1995 Cum.Supp.) (authorizing licensees to seek “judicial review in accordance with § 24-4-106, C.”
Colorado Dep't of Revenue v. Garner, 53 P.3d 763 (Colo. Ct. App. 2002). “See § 42-2-135(1), C.R.S.2001; see also § 24-4-106(7), C.”
Bennett v. Colorado Dep't of Revenue, 2024 COA 97 (Colo. Ct. App. 2024). “” § 42-2-135(1) . Section 24-4-106 provides for judicial review of agency actions, including a driver’s license revocation.”
Stackpool v. Colorado Dep't of Revenue, Div. of Motor Vehs. (Colo. Ct. App. 2021). ““After such hearing, the licensee may appeal the decision of the [D]epartment to the district court a s provided in section 42-2-135[, C.R.S. 2021].” Id. “Every person .”
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