C.R.S. Section 5-19-233
Administrative and legal remedies

(a)

The administrator may enforce this part 2 and rules adopted under this part 2 by taking one or more of the following actions:

(1)

Ordering a provider or a director, employee, or other agent of a provider to cease and desist from any violations;

(2)

Ordering a provider or a person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;

(3)

Imposing on a provider or a person that has caused a violation a civil penalty not exceeding ten thousand dollars for each violation;

(4)

Prosecuting a civil action to:

(A)

Enforce an order; or

(B)

Obtain restitution, a civil penalty not to exceed ten thousand dollars per violation, an injunction, or other equitable relief;

(5)

Intervening in an action brought under section 5-19-235.

(b)

If a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under subsection (a)(1) or (a)(2) of this section, the administrator or court may impose a civil penalty not exceeding twenty thousand dollars for each violation.

(c)

The administrator may maintain an action to enforce this part 2 in any county.

(d)

The administrator may recover the reasonable costs of enforcing this part 2 under subsections (a) to (c) of this section, including attorney fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.

(e)

In determining the amount of a civil penalty to impose under subsection (a) or (b) of this section, the administrator or the court shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator, and any other factor the administrator or the court considers relevant to the determination of the civil penalty.

Source: Section 5-19-233 — Administrative and legal remedies, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑19‑101
Short title 5‑19‑102
Legislative declaration 5‑19‑103
Definitions 5‑19‑104
Prohibited acts 5‑19‑105
Written disclosure required 5‑19‑106
Content of written disclosure 5‑19‑107
Written contracts required 5‑19‑108
Waivers and exemptions 5‑19‑109
Criminal penalties and injunctive relief 5‑19‑110
Powers of administrator of the uniform consumer credit code and district attorney - subpoenas - hearings 5‑19‑111
Damages 5‑19‑112
Aiding or assisting violation 5‑19‑113
Remedies cumulative 5‑19‑114
Relation between parts of article 5‑19‑201
Short title 5‑19‑202
Definitions 5‑19‑203
Exempt agreements and persons 5‑19‑204
Registration required 5‑19‑205
Application for registration - form, fee, and accompanying documents - repeal 5‑19‑206
Application for registration - required information 5‑19‑206.5
Name-based judicial record check 5‑19‑206.7
Remote work authorized - definition 5‑19‑207
Application for registration - obligation to update information 5‑19‑208
Application for registration - public information 5‑19‑209
Certificate of registration - issuance or denial 5‑19‑210
Certificate of registration - timing 5‑19‑211
Renewal of registration 5‑19‑212
Registration in another state 5‑19‑213
Bond required 5‑19‑214
Bond required - substitute 5‑19‑215
Good faith requirement 5‑19‑216
Customer service 5‑19‑217
Prerequisites for providing debt-management services 5‑19‑218
Communication by electronic or other means - definitions 5‑19‑219
Form and contents of agreement 5‑19‑220
Cancellation of agreement - waiver 5‑19‑221
Required language 5‑19‑222
Trust account 5‑19‑223
Fees and other charges 5‑19‑224
Voluntary contributions 5‑19‑225
Voidable agreements 5‑19‑226
Termination of agreements 5‑19‑227
Periodic reports - retention of records 5‑19‑228
Prohibited acts and practices 5‑19‑229
Notice of litigation 5‑19‑230
Advertising 5‑19‑231
Liability for the conduct of other persons 5‑19‑232
Powers of administrator - rules 5‑19‑233
Administrative and legal remedies 5‑19‑234
Suspension, revocation, or nonrenewal of registration - definitions 5‑19‑235
Private enforcement 5‑19‑236
Violation of unfair or deceptive practices statute 5‑19‑237
Statute of limitations 5‑19‑238
Uniformity of application and construction 5‑19‑239
Relation to federal “Electronic Signatures in Global and National Commerce Act” 5‑19‑240
Transitional provisions - application to existing transactions 5‑19‑241
Severability 5‑19‑242
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 5-19-233’s source at colorado​.gov