C.R.S. Section 24-31-101
Powers and duties of attorney general


(1)

The attorney general:

(a)

Shall act as the chief legal representative of the state and be the legal counsel and advisor of each department, division, office, board, commission, bureau, and agency of state government but shall not provide legal counsel to the legislative branch except for the state auditor in accordance with section 2-3-104.5;

(b)

Shall appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor;

(c)

Shall prosecute and defend for the state all causes in the appellate courts in which the state is a party or is interested;

(d)

Shall give his or her opinion in writing upon all questions of law submitted to the attorney general by the:

(I)

General assembly, or either the house of representatives or the senate;

(II)

Governor;

(III)

Lieutenant governor;

(IV)

Secretary of state;

(V)

State treasurer;

(VI)

Executive director of the department of revenue; or

(VII)

Commissioner of education.

(e)

Shall have concurrent jurisdiction with the relevant district attorney over part 4 of article 120 of title 12;

(f)

May appoint deputy attorneys general and assistant attorneys general for the efficient administration and supervision of department divisions and offices specified in section 24-31-102;

(g)

May, at his or her sole discretion, appoint special assistant attorneys general to provide legal services to state agencies except as otherwise provided in section 24-31-111 (5);

(h)

Shall, at the request of the governor, secretary of state, state treasurer, executive director of the department of revenue, or commissioner of education, prosecute and defend all suits relating to matters connected with their departments;

(i)

May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:

(I)

The “Colorado Antitrust Act of 1992” or the “Colorado State Antitrust Act of 2023”, article 4 of title 6;

(II)

The “Colorado Consumer Protection Act”, article 1 of title 6;

(III)

The “Unfair Practices Act”, article 2 of title 6;

(IV)

Article 12 of title 6;

(V)

Section 6-1-110;

(VI)

Section 11-51-603.5;

(VII)

Section 11-61-102;

(VIII)

Section 24-34-505.5;

(IX)

Section 25.5-4-306;

(X)

Article 4 of title 8, subject to section 24-31-1303 (2);

(XI)

The “Colorado Employment Security Act”, articles 70 to 82 of title 8, subject to section 24-31-1303 (1);

(XII)

The “Immigrant Tenant Protection Act” in part 12 of article 12 of title 38;

(XIII)

The “Mobile Home Park Act” in part 2 of article 12 of title 38;

(XIV)

The “Mobile Home Park Act Dispute Resolution and Enforcement Program” in part 11 of article 12 of title 38;

(XV)

Part 1 of article 12 of title 38;

(XVI)

Part 7 of article 12 of title 38;

(XVII)

The “Rental Application Fairness Act”, part 9 of article 12 of title 38; and

(XVIII)

The “Reproductive Health Equity Act”, part 4 of article 6 of title 25.

(j)

Shall have the powers, duties, and functions as are prescribed for heads of principal departments in the “Administrative Organization Act of 1968”, article 1 of this title 24;

(k)

May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law;

(l)

When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state;

(m)

Upon request of any employee in the state personnel system, shall represent such employee in any civil action or administrative proceeding instituted against such employee, either in the employee’s official or individual capacity if the action or proceeding arises out of performance of the employee’s official duties as determined by the attorney general and if the action or proceeding has not been brought by the state personnel director or the appointing authority of the employee seeking dismissal or other disciplinary action; except that the attorney general shall not represent any such employee in an action brought under section 24-50.5-105;

(n)

Shall, pursuant to section 24-30-1507, represent expert witnesses and consultants described in section 24-30-1510 (3)(h);

(o)

Shall keep in proper books a record of all official opinions and a register of all actions prosecuted or defended by him or her and of all proceedings had in relation thereto and the status of pending matters in his or her office, which books or registers the attorney general shall deliver to his or her successor. Publication of opinions or other material circulated in quantity outside the executive branch must be issued in accordance with section 24-1-136.

(p)

May bring a civil action to enforce section 24-31-113;

(q)

May bring a civil action to enforce section 24-31-307 (2) or a criminal action to enforce section 24-31-307 (3);

(r)

May enter into interagency agreements pursuant to section 6-1-116 (4);

(s)

May bring or intervene in a civil action, conduct investigations, and issue civil investigation demands pursuant to the “Colorado False Claims Act”, part 12 of this article 31;

(t)

May bring a civil action to enforce section 25-7-144; and

(u)

May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment.

(2)

The general assembly hereby recognizes and reaffirms that the attorney general has all powers conferred by statute and by common law in accordance with section 2-4-211 regarding all trusts established for charitable, educational, religious, or benevolent purposes.

(3)

and (4) Repealed.

Source: Section 24-31-101 — Powers and duties of attorney general, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑31‑101
Powers and duties of attorney general
24‑31‑102
Offices, boards, and divisions
24‑31‑103
Chief deputy attorney general - powers
24‑31‑103.5
Solicitor general - creation - powers
24‑31‑104.5
Funding for insurance fraud investigations and prosecutions - creation of fund
24‑31‑106
Rights of crime victims - victims’ services coordinator
24‑31‑107
Applications for licenses - authority to suspend licenses - rules
24‑31‑108
Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - definition
24‑31‑108.5
Use of funds for unanticipated legal needs
24‑31‑111
Legal services to state agencies - definitions
24‑31‑112
No limitations on common law authority
24‑31‑113
Public integrity - patterns and practices
24‑31‑115
Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties
24‑31‑301
Definitions
24‑31‑302
Creation of board
24‑31‑303
board - definition
24‑31‑304
Applicant for training - fingerprint-based criminal history record check
24‑31‑305
Certification - issuance - renewal - revocation - rules - definition
24‑31‑307
Enforcement
24‑31‑308
Reciprocity - provisional certificate
24‑31‑309
Profiling - officer identification - training - definition
24‑31‑310
Resources for the training of peace officers - peace officers in rural jurisdictions - legislative declaration
24‑31‑311
DNA evidence - collection - retention
24‑31‑312
School resource officer training
24‑31‑313
Training concerning abuse and exploitation of at-risk elders
24‑31‑313.5
Training concerning abuse and exploitation of at-risk adults with intellectual and developmental disabilities
24‑31‑314
Advanced roadside impaired driving enforcement training
24‑31‑315
Annual in-service training requirements
24‑31‑316
Attorney general to provide identification cards to retired peace officers upon request - definitions
24‑31‑317
Training requirements concerning peace officer interactions with persons with disabilities
24‑31‑318
Administrative law judge appointment
24‑31‑319
Training related to missing indigenous persons - development - basic and in-service training required
24‑31‑320
Persons with deferred action for childhood arrivals status - rules - definition
24‑31‑401
Definitions
24‑31‑402
Enforcement by attorney general
24‑31‑403
Funding
24‑31‑601
Short title
24‑31‑602
Legislative declaration
24‑31‑603
Definitions
24‑31‑604
Administration of article
24‑31‑605
Delegation of duties
24‑31‑606
Safe2tell program - creation - duties
24‑31‑607
In camera review - confidentiality of materials - criminal penalty
24‑31‑608
Transfer of property
24‑31‑609
License of intellectual property
24‑31‑610
Safe2tell cash fund - creation
24‑31‑611
Annual report
24‑31‑701
Definitions
24‑31‑702
Colorado domestic violence fatality review board - creation - membership - purpose - duties
24‑31‑703
Local and regional domestic violence fatality review teams - creation - membership - purpose - duties
24‑31‑704
Access to records - confidentiality - public access - immunity
24‑31‑706
Repeal of part
24‑31‑801
Definitions
24‑31‑802
Medicaid fraud control unit - creation - duties
24‑31‑803
Medicaid fraud reporting
24‑31‑804
Medicaid fraud control unit - displayed information
24‑31‑805
Medicaid fraud control unit authority and responsibilities
24‑31‑806
Civil investigative demands and subpoenas
24‑31‑807
Provider applications - false statements - penalties
24‑31‑808
Medicaid fraud and waste - penalties - definition
24‑31‑809
Unlawful remuneration - penalties
24‑31‑810
Other remedies available
24‑31‑811
Limitation of action - three years
24‑31‑901
Definitions
24‑31‑902
Incident recordings - release - tampering - fine
24‑31‑903
Division of criminal justice report
24‑31‑904
Peace officer certification discipline
24‑31‑905
Prohibited law enforcement action in response to protests
24‑31‑906
Retaliation against whistleblower officers prohibited
24‑31‑1001
Definitions
24‑31‑1002
Commission - membership - duties
24‑31‑1003
Study of training concerning interactions with persons with disabilities - report
24‑31‑1004
Recommend training curriculum for peace officers
24‑31‑1005
Report
24‑31‑1006
Funding
24‑31‑1007
Repeal of part
24‑31‑1101
Financial empowerment office - creation - director
24‑31‑1102
Financial empowerment office - purpose - duties
24‑31‑1201
Short title
24‑31‑1202
Definitions
24‑31‑1203
False claims - civil liability for certain acts - penalty - exception
24‑31‑1204
Civil actions for false claims - claims for retaliation - definitions
24‑31‑1205
False claims action procedures - limitation on action - standard of proof
24‑31‑1206
Jurisdiction
24‑31‑1207
False claims civil investigation demands
24‑31‑1208
Rule-making
24‑31‑1209
Use of recoveries - false claims recovery cash fund - creation
24‑31‑1210
No limitations on common law authority - medicaid fraud control
24‑31‑1211
False claims act report
24‑31‑1301
Definitions
24‑31‑1302
Worker and employee protection unit - creation - duties
24‑31‑1303
Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment
Green check means up to date. Up to date

Current through Fall 2024

§ 24-31-101’s source at colorado​.gov