C.R.S. Section 24-31-1207
False claims civil investigation demands

(1)

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 any violation of section 24-31-1203, the attorney general may:

(a)

Request the person file a statement or report in writing under oath or otherwise, on forms prescribed by the attorney general, as to all facts and circumstances concerning the alleged violations by the person and any other data and information the attorney general deems necessary; except that the person is not required to disclose any information that is protected by the person’s attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise.

(b)

Examine under oath any person in connection with the alleged violations;

(c)

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

(d)

Make true copies, at the expense of the attorney general, of any nonprivileged record, book, document, account, or paper examined pursuant to subsection (1)(c) of this section, which copies may be offered into evidence in lieu of the originals thereof in an action brought pursuant to this part 12; and

(e)

Pursuant to any order of any district court, impound any sample of property that is material to any alleged violation of this part 12 and retain the same in the attorney general’s possession until completion of all proceedings undertaken pursuant to this part 12. A district court shall not issue an order described in this subsection (1)(e) without giving full opportunity to the accused to be heard and unless the attorney general has proven by clear and convincing evidence that the order will not impair the business activities of the person to whom the order is directed.

(2)

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 section 24-31-1203, the attorney general 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 as may be necessary to administer this part 12.

(3)

The attorney general may issue subpoenas to any public or private corporation or partnership or association or governmental entity to produce witnesses to appear and give oral testimony at investigative hearings. The subpoenas may designate with reasonable particularity the matters on which examination is requested. In response to the subpoena, the entity shall designate one or more officers, directors, or managing agents, or designate other persons, to testify on its behalf.

(4)

A notice or subpoena may be served in the manner prescribed by law or as provided in rule 4 of the Colorado rules of civil procedure.

(5)

Intentionally left blank —Ed.

(a)

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 either electronically or at a convenient location within this state; or

(II)

Pay the reasonable and necessary expenses for the attorney general, or the attorney general’s designee, to examine the records at the place where they are maintained.

(b)

The attorney general 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.

(6)

If any person fails to cooperate with any investigation pursuant to this section or fails to obey any subpoena issued pursuant to this section, the attorney general may apply to the appropriate district court for an appropriate order to effectuate the purposes of this part 12. At the request of the attorney general, the application may be filed in camera and kept confidential to maintain the confidentiality of the attorney general’s investigation. The application must state that there are reasonable grounds to believe that the order applied for is necessary to investigate a violation of this part 12. If the court is satisfied that reasonable grounds exist, the court in its order may:

(a)

Grant appropriate injunctive relief;

(b)

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

(c)

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

Source: Section 24-31-1207 — False claims civil investigation demands, 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

§ 24-31-1207’s source at colorado​.gov