§ 6-19-404 — Attorney general review

Colorado § 6-19-404

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Transactions Involving Licensed Hospitals

Text

(1) No later than thirty days after the
attorney general has received the completed notice and filing pursuant to section
6-19-402, the attorney general shall hold at least one public hearing in the service
area of the hospital involved in the transaction, at which the attorney general shall
allow any person to either file written comments and exhibits or appear and make a
statement about any aspect of the transaction, including, but not limited to,
whether the proposed transaction complies with the requirements of section 6-19-403. At least seven days prior to each public hearing, the attorney general shall
submit a press release providing pertinent information about the hearing, including
the time and place of the hearing, to one or more newspapers of general circulation
in the affected communities and notify the mayor of the city or city and county and
the board of county commissioners of the county in which the hospital is located.
The public hearing shall be a legislative rather than an adjudicative hearing.

(2) The attorney general shall have the power to subpoena documents or
witnesses, require and administer oaths, and require statements at any time that
are reasonably necessary to assess an application or monitor compliance with this
section.

(3) If any person fails to cooperate with any investigation pursuant to this
section or fails to obey any subpoena issued pursuant to this section, the attorney
general may apply to the appropriate district court for an appropriate order to
effect the purposes of this section. The application shall state that there are
reasonable grounds to believe that the order applied for is necessary to carry out
the attorney general's duties under this section. If the court is satisfied that
reasonable grounds exist, the court, in its order, may:

(a) Require the attendance of or the production of documents by such
person, or both;

(b) Grant such other or further relief as may be necessary to obtain
compliance by such person.

(4) Except for documents the attorney general determines to be confidential
as a matter of law, the documents filed pursuant to section 6-19-402 shall be
available to the public for review and copying during normal business hours at both
the attorney general's office and the offices of the parties to the transaction.
Reasonable costs of copying shall be borne by the parties if copies are requested at
their offices.

Legislative History

Source: L. 98: Entire article added, p. 526, � 1, effective April 30.