C.R.S. Section 24-31-115
Housing unit

  • powers of attorney general or district attorney
  • subpoenas
  • document production
  • remedies
  • injunctive relief
  • penalties

(1)

When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the attorney general may investigate any person or organization subject to this article 31. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry. Nothing in this section limits the scope of the attorney general’s authority to review and investigate potential violations of law or harm discovered in the course of an investigation.

(2)

Nothing in this section impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the authority that may be exercised by the attorney general under section 11-51-603.5.

(3)

Venue for actions.
Until the Colorado supreme court adopts a venue provision relating to this article 31, actions instituted pursuant to this article 31 may be brought in any county in which:

(a)

An alleged violation occurred or in which any portion of a transaction involving an alleged violation occurred;

(b)

The principal place of business of any defendant is located; or

(c)

Any defendant resides.

(4)

Powers.

(a)

When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general may:

(I)

Request the person to file a statement or a report in writing, under oath or otherwise, on forms prescribed by the attorney general, with respect to all facts and circumstances concerning the advertisement of property by the person and any other data and information the attorney general deems necessary;

(II)

Examine under oath any person in connection with the sale or advertisement of any property;

(III)

Examine any property or sample thereof, record, book, document, account, or paper the attorney general deems necessary; and

(IV)

Make true copies, at the expense of the attorney general, of any record, book, document, account, or paper examined pursuant to subsection (4)(c) of this section, which copies may be offered into evidence in lieu of producing the originals in any actions brought by the attorney general.

(b)

For purposes of this section, “reasonable cause” is based upon a complaint concerning a potential violation of the law when the attorney general believes the alleged violation may affect more than one person or be part of a series of related violations affecting multiple persons.

(c)

Any request for personally identifiable information made pursuant to this subsection (4) is subject to the requirements of subsection (5) of this section.

(5)

Subpoenas - production of documents.

(a)

When the attorney general has reasonable cause to believe that a person, whether in this state or elsewhere, has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general, in addition to any other powers conferred upon the attorney general by this article 31, may issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and promulgate such rules as may be necessary to administer the provisions of this article 31.

(b)

Service of any notice or subpoena must be made in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure.

(c)

If the records of a person who has been issued a subpoena are located outside this state, the person shall either:

(I)

Make them available to the attorney general at a convenient location within this state; or

(II)

Pay the reasonable and necessary expenses for the attorney general or district attorney, or the attorney general’s or district attorney’s designee, to examine the records at the location at which the documents are maintained.

(d)

The attorney general or district attorney may designate representatives, including comparable officials of the state in which the records are located, to inspect the records on behalf of the attorney general or district attorney.

(6)

Inadmissible testimony.

(a)

Any testimony obtained by the attorney general pursuant to compulsory process under this article 31 or any information derived directly or indirectly from such testimony shall not be admissible in evidence in any criminal prosecution against the person so compelled to testify. This subsection (6) shall not be construed to prevent any law enforcement officer from independently producing or obtaining the same or similar facts, information, or evidence for use in any criminal prosecution.

(b)

Subject to subsection (8) of this section, the records of investigations or intelligence information of the attorney general obtained under this article 31 may constitute public records available for inspection by the public at the sole discretion of the attorney general. This subsection (6)(b) shall not be construed to prevent the attorney general from issuing public statements describing or warning of any course of conduct or any conspiracy that constitutes a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), whether on a local, statewide, regional, or nationwide basis.

(7)

Remedies.
If any person fails to cooperate with any investigation pursuant to this article 31 or fails to obey any subpoena pursuant to this article 31, the attorney general may apply to the applicable district court for an appropriate order to effect the purposes of this article. The application must state that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this article 31. If the court is satisfied that reasonable grounds exist, the court in its order may:

(a)

Grant injunctive relief restraining the advertisement of any property by such person;

(b)

Require the attendance of or the production of documents by such person, or both; or

(c)

Grant such other or further relief as may be necessary to obtain compliance by such person.

(8)

Injunctive authority - assurances of discontinuance.

(a)

Whenever the attorney general has cause to believe that a person has engaged in or is engaging in a violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV), the attorney general may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure, prohibiting the person from continuing or engaging in such practices, or doing any act in furtherance of such practices. The court may make such orders or judgments as is necessary to:

(I)

Prevent the use or employment by such person of any such practices;

(II)

Completely compensate or restore the original position of any person injured by means of any such practice; or

(III)

Prevent any unjust enrichment by any person through the use or employment of any practice that is in violation of any of the provisions listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV).

(b)

Where the attorney general has authority to institute a civil action or other proceeding pursuant to the provisions of this article, the attorney general may accept, in lieu thereof or as a part thereof, an assurance of discontinuance of any practice that constitutes a violation of any of the provisions that are listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV). Any such assurance of discontinuance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of any action or proceeding by the attorney general or a district attorney and any amount necessary to restore to any person any money or property that may have been acquired by the alleged violator by means of a violation of any of the provisions that are listed in section 24-31-101 (1)(i)(IX) to (1)(i)(XIV). Any such assurance or discontinuance accepted by the attorney general and any such stipulation filed with the court as a part of any such action or proceeding is a matter of public record unless the attorney general determines, in the attorney general’s sole discretion, that the assurance of discontinuance and any stipulation are confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action by the attorney general alleging that a confidential assurance of discontinuance or stipulation accepted pursuant to this subsection (8)(b) has been violated, the assurance of discontinuance or stipulation is deemed a public record and open to inspection by any person. Proof by a preponderance of the evidence of a violation of any such assurance or stipulation constitutes prima facie evidence of a deceptive trade practice for the purposes of any civil action or proceeding brought thereafter by the attorney general, whether a new action or a subsequent motion or petition in any pending action or proceeding.

(9)

Penalties.
In order to enforce the provisions of this article 31, in addition to any penalties stated in this article 31, the attorney general may seek any of the penalties or other enforcement mechanisms specified in the “Immigrant Tenant Protection Act”, part 12 of article 12 of title 38; the “Mobile Home Park Act”, part 2 of article 12 of title 38; the “Mobile Home Park Act Dispute Resolution and Enforcement Program”, part 11 of article 12 of title 38; part 1 of article 12 of title 38; part 7 of article 12 of title 38; and section 38-12-904 (1)(b), along with costs to enforce these provisions.

(10)

Limitations.
All actions brought under this article 31 must be commenced within three years after the date on which a violation occurred or the date on which the last in a series of such acts or practices occurred or within three years after the consumer discovered or in the exercise of reasonable diligence should have discovered the violation. The period of limitation provided in this section may be extended for a period of one year if the attorney general proves that failure to timely commence the action was caused by the defendant engaging in conduct calculated to induce the attorney general to refrain from or postpone the commencement of the action.

Source: Section 24-31-115 — Housing unit - powers of attorney general or district attorney - subpoenas - document production - remedies - injunctive relief - penalties, 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

§ 24-31-115’s source at colorado​.gov