(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.
Such proceeding shall be brought in the court of appeals by appropriate proceedingsunder section 24-4-106 (11).
Such proceeding shall be initiated by the filing of a petition in the court of appealsand 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.
An objection that has not been urged before the commission shall not be consideredby the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
Any party may move the court to remit the case to the commission in the interests ofjustice 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.
The findings of the commission as to the facts shall be conclusive if supported bysubstantial evidence.
The jurisdiction of the court shall be exclusive and its judgment and order shall befinal, subject to review as provided by law and the Colorado appellate rules.
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.
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.
The commission or court upon motion may grant a stay of the commission orderpending appeal.
Appeals filed under this section shall be heard expeditiously and determined uponthe 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.
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.