C.R.S. Section 23-64-131
Enforcement

  • injunction
  • fines
  • rules

(1)

Whenever it appears to the board that any entity is or has been violating any of the provisions of this article 64 or any of the lawful rules or orders of the board, the board, on its own motion or on the written complaint of any person, may apply for and obtain a temporary restraining order or injunction, or both, in the name of the board in any district court in this state against the entity for the purpose of restraining or enjoining the violation or for an order directing compliance with the provisions of this article 64 and all rules and orders issued pursuant to this article 64. The board may also issue a cease-and-desist order prior to seeking court-ordered injunctive relief. It is not necessary that the board allege or prove that it has no adequate remedy at law. The right of injunction or a cease-and-desist order provided for in this section is in addition to any other legal remedy that the board has and is in addition to any right of criminal prosecution provided by law. The existence of board action with respect to alleged violations of this article 64 is not a bar to any action for injunctive relief pursuant to this section.

(2)

The board shall have the authority to promulgate rules and adopt procedures to establish, impose, and collect fines from an entity that is in violation of the provisions of this article 64 or the lawful rules or orders of the board. The board may impose a fine, pursuant to said rules, in addition to or in lieu of seeking a temporary restraining order or an injunction pursuant to subsection (1) of this section. All fines collected pursuant to this subsection (2) shall be transferred to the state treasurer, who shall credit the same to the state general fund.

(3)

In determining whether to impose a fine, seek a temporary restraining order or an injunction, or issue a cease-and-desist order, the board shall consider whether the entity has engaged in a pattern of noncompliance.

Source: Section 23-64-131 — Enforcement - injunction - fines - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑64‑101
Short title 23‑64‑102
Legislative declaration 23‑64‑103
Definitions 23‑64‑104
Exemptions 23‑64‑105
Private occupational school division - creation 23‑64‑106
Powers and duties of division 23‑64‑107
Private occupational school board - established - membership 23‑64‑108
Powers and duties of board - rules 23‑64‑109
Duties of private occupational schools 23‑64‑110
Submittal of fingerprints for persons teaching at designated schools - fingerprint-based criminal history record checks - prerequisite for commencing or continuing employment 23‑64‑111
Duties and powers of the division subject to approval of the executive director 23‑64‑112
Minimum standards 23‑64‑113
Prohibitions 23‑64‑114
Application for certificate of approval 23‑64‑115
Issuance of certificate of approval 23‑64‑116
Application for change of ownership - definition 23‑64‑117
Agent’s permits 23‑64‑118
Denial of application for certificate of approval or agent’s permit 23‑64‑119
Revocation of certificate of approval and agent’s permit 23‑64‑120
Refund policy 23‑64‑121
Bonds - definitions 23‑64‑122
Fees - private occupational schools fund - annual adjustment - rules 23‑64‑123
Deceptive trade or sales practices 23‑64‑124
Complaints of deceptive trade or sales practices 23‑64‑125
Preservation of records 23‑64‑126
Enforceability of notes, contracts, and other evidence of indebtedness 23‑64‑127
Violations - civil - penalty 23‑64‑128
Violations - criminal - penalty 23‑64‑129
State administrative procedure act 23‑64‑130
Jurisdiction of courts - service of process 23‑64‑131
Enforcement - injunction - fines - rules 23‑64‑132
Transfer of governance of private occupational schools - provisions for transition - rules 23‑64‑133
Repeal of article - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 23-64-131’s source at colorado​.gov