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Colorado Revised Statutes Title 38. Property Real and Personal § 38-12-512. Enforcement by the attorney general--district court--penalties

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) In accordance with section 24-31-115(1), the attorney general may commence a civil action in any district court of appropriate jurisdiction against any person that has committed or is engaging in a pattern or practice of violations of this part 5.

(b) The attorney general may, upon timely application, intervene by right in a civil action in any county court or district court that involves a claim, defense, or counterclaim brought pursuant to this part 5.

(2) In exercising the attorney general's powers to commence or intervene in a civil action pursuant to subsection (1) of this section, the attorney general may prioritize cases in which:

(a) A person or group of persons has engaged in, or is engaged in a pattern or practice of, resistance to or noncompliance with this part 5; or

(b) A person has violated this part 5 or has denied a person any right or protection granted by this part 5 and such violation or denial raises an issue of public importance.

(3) If the attorney general intervenes in a civil action in a county court pursuant to subsection (1)(b) of this section, the attorney general may request the action be transferred to a district court of competent jurisdiction. Upon such request by the attorney general, all county court proceedings shall be discontinued, and the clerk of the county court shall certify all records in the case and transfer the action to the appropriate district court.

(4)(a) When the attorney general has cause to believe that a person has engaged in or is engaging in a violation of this part 5, the attorney general may, in accordance with section 24-31-115(8)(a), apply for and obtain a temporary restraining order or injunction, or both, that prohibits the person from continuing or engaging in the actions that violate this part 5 or from doing any act in furtherance of such action.

(b) The court may make orders or judgments regarding a temporary restraining order or injunction, or both, that the attorney general applies for as authorized pursuant to section 24-31-115(8)(a).

(c) The attorney general may also accept an assurance of discontinuance of practices that violate this part 5 pursuant to section 24-31-115(8)(b).

(5) In addition to any other remedies authorized by law, the attorney general may seek the imposition of civil penalties on behalf of the state as follows:

(a) A person who violates or causes another person to violate any provision of this part 5 shall forfeit and pay to the general fund a civil penalty of not more than twenty thousand dollars for each violation of this part 5. For purposes of this subsection (5)(a), a violation of any provision of this part 5 constitutes a separate violation with respect to each tenant or other consumer or transaction involved in the violation.

(b)(I) A person who violates or causes another person to violate any court order or injunction issued pursuant to this part 5 or section 24-31-115(8) shall forfeit and pay to the general fund a civil penalty of not more than ten thousand dollars for each violation of the court order or injunction.

(II) Upon a violation of a court order or injunction, the attorney general may petition the court for the recovery of the civil penalty. The court shall order the civil penalty in addition to any other penalty or remedy available for the enforcement of this part 5, any court order or injunction, and any other remedy available to the attorney general.

(III) For the purposes of this section, the court issuing the order or injunction shall retain jurisdiction, and the cause shall be continued.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 38. Property Real and Personal § 38-12-512. Enforcement by the attorney general--district court--penalties - last updated January 01, 2025 | https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-512/

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