§ 5-19-237 — Statute of limitations

(a) An action or proceeding brought
pursuant to section 5-19-233 (a), (b), or (c) shall be commenced within four years
after the conduct that is the basis of the administrator's complaint.

(b) An action brought pursuant to section 5-19-235 shall be commenced
within two years after the latest of:

(1) The individual's last transmission of money to a provider;

(2) The individual's last transmission of money to a creditor at the direction
of the provider;

(3) The provider's last disbursement to a creditor of the individual;

(4) The provider's last accounting to the individual pursuant to section 5-19-227 (a);

(5) The date on which the individual discovered or reasonably should have
discovered the facts giving rise to the individual's claim; or

(6) Termination of actions or proceedings by the administrator with respect
to a violation of this part 2.

(c) The period prescribed in subsection (b)(5) of this section is tolled during
any period during which the provider or, if different, the defendant has materially
and willfully misrepresented information required by this part 2 to be disclosed to
the individual, if the information so misrepresented is material to the establishment
of the liability of the defendant under this part 2.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1168, � 4, effective August 9.