Colorado Revised Statutes Title 8. Labor and Industry § 8-12-115. Director of division of labor standards and statistics--powers and duties--public records--filing final orders--rules--definition

(3)(a) The director shall receive and investigate complaints and may from time to time visit employers at reasonable times and inspect pertinent records to determine compliance with this article 12.

(b) For the purpose of investigating a violation of this article 12, the director may apply the information-gathering authorizations described in article 1 of this title 8 to an employer, an employee, or other person.

(4)(a) If investigation of any place of employment or complaint discloses a violation of this article, except section 8-12-105(3), the director shall give the employer written notice describing the violation and specifying the provisions of this article that such employer is allegedly violating. Within ten days of receipt of such notice of violation, the employer may file a written request for a hearing on the issue of whether the violation exists, which hearing shall be conducted in accordance with section 24-4-105, C.R.S. After a hearing concerning a violation of this article, or after the expiration of twenty days after the issuance of a notice of violation during which the employer has neither requested a hearing nor ceased the conduct that constitutes the alleged violation, the director may issue a final order requiring the employer to cease and desist the conduct found to be in violation. At any time thereafter, the director may order the violating employer to pay a penalty of twenty dollars for each offense. Each day that the conduct constituting the violation is continued after the order is made final, and each minor employed in violation of this article, constitutes a separate offense. The order imposing the penalty shall become final upon issuance, and the penalty shall be due and payable thirty days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 24-4-105, C.R.S. All penalties imposed by this section shall be collected as provided in section 8-1-142.

(4)(a) If investigation of any place of employment or complaint discloses a violation of this article 12, the director shall give the employer a written notice of violation describing the violation, ordering monetary or other relief as appropriate, and specifying the provisions of this article 12 that the employer violated. Within thirty-five days after receipt of the notice of violation, the employer may file a written request for an appeal hearing, which shall be conducted in accordance with section 8-4-111.5.

(b) At any time after issuance of a final order, the director may order penalties pursuant to section 8-1-140(2) for each offense. Each day that the conduct constituting the violation is continued after the order is made final, and each minor employed in violation of this article 12, constitutes a separate offense. The order imposing the penalty is final upon issuance, and the penalty is due and payable thirty-five days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section 8-4-111.5.

(c) The division shall collect all penalties imposed by this section as provided in section 8-1-142 and transmit the collected penalties to the state treasurer. The state treasurer shall deposit the money into the wage theft enforcement fund created in section 8-4-113(3).

(4.5)(a) After twenty days elapse to allow an employer to notify the director of a potential trade secret pursuant to subsection (4.5)(a)(II) of this section, the division shall treat any final order issued for a violation of this article 12 as a public record and shall release the information related to the violation to the public upon request pursuant to the “Colorado Open Records Act”, part 2 of article 72 of title 24; except that:

(b) As used in this subsection (4.5), “trade secret” has the meaning set forth in section 7-74-102(4).

(5.5)(a) The director may, or, at the request of any individual aggrieved by a violation of this article 12, shall, file a certified copy of a final order issued pursuant to this article 12 with the clerk of any court having jurisdiction over the parties at any time after the entry of the order. The director may file one certified copy of the final order for all amounts owed to, or for other relief for, all individuals aggrieved.

(b) The clerk of the court shall record the final order in the judgment book of the court and make an entry in the judgment docket. Upon recording, the final order has the effect of and may be executed as a judgment of the court.