Colorado § 5-19-233 Administrative and legal remedies

Colorado Statutes

§ 5-19-233 — Administrative and legal remedies

Colorado·Title 05 Consumer·Art. Debt-management Services

(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

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(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.

Colorado § 5-19-233 (Administrative and legal remedies) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.