§ 10-1-307 — Immunity from liability - prohibited activity

(1) A cause of action
does not arise, and liability shall not be imposed, against the commissioner, the
commissioner's authorized representatives, or any market conduct surveillance
personnel employed or appointed by the commissioner for any statements made or
conduct performed in good faith while carrying out the provisions of this part 3.

(2) A cause of action does not arise, and liability shall not be imposed,
against any person for communicating or delivering information or data to the
commissioner, the commissioner's authorized representative, or any market
conduct surveillance personnel pursuant to a market conduct surveillance
performed under this part 3, if the communication or delivery was performed in
good faith and without fraudulent intent or the intent to deceive.

(3) This section does not abrogate or modify any common-law or statutory
privilege or immunity enjoyed by any person identified in subsection (1) of this
section.

(4) A person identified in subsection (1) of this section is entitled to an award
of attorney fees and costs if the person is the prevailing party in a civil action for
libel, slander, or any other relevant tort arising out of activities in carrying out the
provisions of this part 3, and the party bringing the action was not substantially
justified in bringing the action. For purposes of this section, a proceeding is
substantially justified if it had a reasonable basis in law or fact at the time that it
was initiated.

(5) (a) A company shall not take any retaliatory personnel action against an
employee because the employee provides information pursuant to any type of
market conduct surveillance examining the practices of the company.

(b) An employee who has been the subject of a retaliatory personnel action
in violation of subsection (5)(a) of this section may institute a civil action in a court
of competent jurisdiction for relief within one year after learning of the alleged
retaliatory action.

(c) A court of competent jurisdiction may order relief as follows:

(I) Reinstatement of the employee to the same position held before the
retaliatory personnel action or to an equivalent position;

(II) Reinstatement of full benefits and seniority rights; and

(III) Compensation for lost wages and benefits.

(d) Upon a determination that a company has taken a retaliatory personnel
action, the court may award costs of the action together with reasonable attorney
fees.

Legislative History

Source: L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1570, � 10, effective January 1, 2018.