§ 5-10-802 — Lessor's records and investigations

(1) In administering this
article and in order to determine compliance with this article, the administrator may
examine the books and records of persons subject to the article and may make
investigations of persons necessary to determine compliance. For this purpose, the
administrator may administer oaths or affirmations, and, upon the administrator's
own motion or upon request of any party, may subpoena witnesses, compel their
attendance, compel testimony, and require the production of any matter that is
relevant to the investigation, including the existence, description, nature, custody,
condition, and location of, any books, documents, or other tangible things and the
identity and location of persons having knowledge of relevant facts, or any other
matter reasonably calculated to lead to the discovery of admissible evidence. If the
administrator prevails in any civil action brought as a result of such an investigation,
the court shall award the administrator costs and a reasonable attorney fee.

(2) If the person's records are located outside Colorado, the person shall, at
the person's option, either make them available to the administrator at a convenient
location in Colorado, or pay the reasonable and necessary expenses for the
administrator or the administrator's representative to examine them at the place
where they are maintained. The administrator may designate representatives,
including comparable officials of the state in which the records are located, to
inspect them on the administrator's behalf.

(3) Upon failure without lawful excuse to obey a subpoena or to give
testimony and upon reasonable notice to all persons affected thereby, the
administrator may apply to a court for an order compelling compliance.

(4) The administrator may not make public the name or identity of a person
whose acts or conduct the administrator investigates under this section or the facts
disclosed in the investigation, but this subsection (4) shall not apply to disclosures
in actions or enforcement proceedings under this article.

Legislative History

Source: L. 90: Entire article added, p. 375, � 1, effective January 1, 1991.