C.R.S. Section 12-20-406
Injunctive relief

(1)

Except as otherwise specified in a part or article of this title 12 or subsection (3) of this section:

(a)

A regulator, in the name of the people of the state of Colorado and through the attorney general of the state of Colorado, may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by a part or article of this title 12.

(b)

If the regulator establishes that the defendant has been or is committing an act prohibited by the part or article, the court shall enter a decree perpetually enjoining the defendant from further committing the act.

(c)

An injunctive proceeding may be brought pursuant to this section in addition to, and not in lieu of, all penalties and other remedies provided in the part or article.

(2)

Intentionally left blank —Ed.

(a)

Except as specified in subsection (2)(b) of this section, when seeking an injunction under subsection (1) of this section, a regulator is not required to allege or prove the inadequacy of any remedy at law or that substantial or irreparable damage is likely to result from a continued violation.

(b)

Subsection (2)(a) of this section does not apply to the following:

(I)

Article 105 of this title 12 concerning barbers and cosmetologists;

(II)

Part 4 of article 120 of this title 12 concerning architects;

(III)

Article 135 of this title 12 concerning mortuaries and crematories;

(IV)

Article 150 of this title 12 concerning passenger tramways;

(V)

Article 210 of this title 12 concerning audiologists;

(VI)

Article 215 of this title 12 concerning chiropractors;

(VII)

Article 230 of this title 12 concerning hearing aid providers;

(VIII)

Article 240 of this title 12 concerning medical practice;

(IX)

Article 255 of this title 12 concerning nurses, certified midwives, and nurse aides;

(X)

Repealed.

(XI)

Article 275 of this title 12 concerning optometrists;

(XII)

Article 280 of this title 12 concerning pharmacists, pharmacy businesses, and pharmaceuticals;

(XIII)

Article 285 of this title 12 concerning physical therapists and physical therapist assistants; and

(XIV)

Article 290 of this title 12 concerning podiatrists.

(3)

This section does not apply to the following:

(a)

Article 100 of this title 12 concerning accountants;

(b)

Article 110 of this title 12 concerning combative sports;

(c)

Repealed.

(d)

Article 130 of this title 12 concerning landscape architects;

(e)

Article 140 of this title 12 concerning nontransplant tissue banks;

(f)

Article 220 of this title 12 concerning dentists, dental therapists, and dental hygienists;

(g)

Article 250 of this title 12 concerning naturopathic doctors;

(h)

Article 295 of this title 12 concerning psychiatric technicians; and

(i)

Article 315 of this title 12 concerning veterinarians.

Source: Section 12-20-406 — Injunctive relief, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑20‑101
Scope 12‑20‑102
Definitions 12‑20‑103
Division of professions and occupations - creation - duties of division and department head - office space - per diem for board or commission members - review of functions - repeal 12‑20‑104
Excise tax on renewal fees - report to joint budget committee - definition 12‑20‑105
Fee adjustments - division of professions and occupations cash fund created - legal defense account created - general fund transfer - definition - repeal 12‑20‑201
Payment of fees - condition of licensure, certification, or registration 12‑20‑202
Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - temporary authority for military spouses - exceptions for military personnel - rules - consideration of criminal convictions or driver’s history - executive director authority - definitions 12‑20‑203
Inactive license or certification - rights and responsibilities 12‑20‑204
Regulator’s rule-making authority 12‑20‑205
Director - audit of practice acts - barriers to practice - criminal history records - report - denial of license, certification, registration 12‑20‑301
Definitions 12‑20‑302
Active military personnel - exemptions from licensing requirements 12‑20‑303
Continuing education - regulated service members - rules 12‑20‑305
Rules 12‑20‑401
Procedures for complaints concerning licensees, certificate holders, and registrants - executive director authority - rules 12‑20‑402
Immunity 12‑20‑403
Disciplinary procedures - investigations - hearings - oaths - witness statements - subpoenas - appointment of administrative law judge - driver’s history - acting as an official 12‑20‑404
Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions 12‑20‑405
Cease-and-desist orders 12‑20‑406
Injunctive relief 12‑20‑407
Unauthorized practice of profession or occupation - penalties - exclusions 12‑20‑408
Judicial review
Green check means up to date. Up to date

Current through Fall 2024

§ 12-20-406’s source at colorado​.gov