§ 10-23-106 — Discipline - hearing - civil penalty

(1) The division may deny,
suspend, revoke, or refuse to renew a registration, or issue a cease-and-desist order
in accordance with this section, upon reasonable grounds that the registrant:

(a) Failed to post a qualified bond in the required amount with the division
while engaged in business or, if the bond was posted, it was forfeited or canceled;

(b) Knowingly failed to comply with or knowingly violated this article or any
proper order or rule of the division or any court of this state where the registrant
knew or reasonably should have known of the order or rule;

(c) Violated section 18-13-130, C.R.S.;

(d) Was convicted of a felony or pled guilty or nolo contendere to a felony
within the last ten years, regardless of whether the conviction or plea resulted from
conduct in or conduct related to the bail bond business;

(e) Served a sentence upon a conviction of a felony in a state correctional
facility, city or county jail, or community correctional facility or under the
supervision of the state board of parole or any probation department within the last
ten years;

(f) Continued to execute bail bonds in any court in this state while on the
board if the bail forfeiture judgment that resulted in the registrant's being placed
on the board has not been paid, stayed, vacated, exonerated, or otherwise
discharged;

(g) Furnished bail in any court in this state in an amount greater than twice
the amount of the professional cash-bail agent's bond posted with the division;

(h) Failure to report, preserve without use, retain separately, or return after
payment in full, collateral taken as security on any bail bond to the principal,
indemnitor, or depositor of the collateral;

(i) Soliciting bail bond business in or about any place where prisoners are
confined, arraigned, or in custody;

(j) Failure to pay a final, nonappealable judgment award for failure to return
or repay collateral received to secure a bond; or

(k) Any act prohibited by section 18-13-130, C.R.S.

(2) Except for the reasons listed in paragraphs (d) and (e) of subsection (1) of
this section, the division, in lieu of revoking or suspending a registration, may in any
one proceeding, by order, require the registrant to pay a civil penalty in the sum of
no less than three hundred dollars and no more than one thousand dollars for each
offense. If the registrant fails to pay the penalty within twenty days after the
mailing of the order, postage prepaid, registered and addressed to the last-known
place of business of the registrant, the division may revoke the registration or may
suspend the registration for such a period as the commissioner may determine,
unless the order is stayed by a court of competent jurisdiction. The division shall
transmit the civil penalty to the state treasurer, who shall deposit it in the general
fund.

(3) Except as otherwise provided in this section, the commissioner need not
find that the actions that are grounds for discipline were willful but may consider
whether the actions were willful when determining the nature of disciplinary
sanctions to be imposed.

(4) (a) The commissioner may commence a proceeding to discipline a
registrant when the commissioner has reasonable grounds to believe that the
registrant has committed an act enumerated in this section.

(b) In any proceeding held under this section, the commissioner may accept
as evidence of grounds for disciplinary action any disciplinary action taken against
a registrant in another jurisdiction if the violation that prompted the disciplinary
action in the other jurisdiction would be grounds for disciplinary action under this
article.

(5) Disciplinary proceedings, hearings, and opportunity for review must be
conducted in accordance with article 4 of title 24, C.R.S., by the commissioner or by
an administrative law judge, at the commissioner's discretion. The commissioner
may exercise all powers and duties conferred by this article during the disciplinary
proceedings.

(6) (a) The commissioner may request the attorney general to seek an
injunction, in any court of competent jurisdiction, to enjoin a person from
committing an act prohibited by this article. When seeking an injunction under this
paragraph (a), the attorney general shall not be required to allege or prove the
inadequacy of any remedy at law or that substantial or irreparable damage is likely
to result from a continued violation of this article.

(b) (I) The commissioner may investigate, hold hearings, and gather evidence
in all matters related to the exercise and performance of the powers and duties of
the commissioner.

(II) In order to aid the commissioner in any hearing or investigation instituted
under this section, the commissioner or an administrative law judge appointed by
the commissioner may administer oaths, take affirmations of witnesses, and issue
subpoenas compelling the attendance of witnesses and the production of all
relevant records, papers, books, documentary evidence, and materials in any
hearing, investigation, accusation, or other matter before the commissioner or an
administrative law judge.

(III) Upon failure of any witness or registrant to comply with a subpoena or
process, the district court of the county where the subpoenaed person or registrant
resides or conducts business, upon application by the commissioner with notice to
the subpoenaed person or registrant, may issue to the person or registrant an order
requiring the person or registrant to appear before the commissioner; to produce
the relevant papers, books, records, documentary evidence, or materials if so
ordered; or to give evidence touching the matter under investigation or in question.
If the person or registrant fails to obey the order of the court, the person or
registrant may be held in contempt of court.

(c) The commissioner may appoint an administrative law judge under part 10
of article 30 of title 24, C.R.S., to conduct hearings, take evidence, make findings,
and report the findings to the commissioner.

(7) (a) The commissioner, the commissioner's staff, any person acting as a
witness or consultant to the commissioner, any witness testifying in a proceeding
authorized under this article, and any person who lodges a complaint pursuant to
this article is immune from liability in any civil action brought against him or her for
acts occurring while acting in his or her capacity as commissioner, staff, consultant,
or witness, respectively, if such individual was acting in good faith within the scope
of his or her respective capacity, made a reasonable effort to obtain the facts of the
matter as to which he or she acted, and acted in the reasonable belief that the
action taken by him or her was warranted by the facts.

(b) A person participating in good faith in making a complaint or report or in
an investigative or administrative proceeding under this section is immune from any
civil or criminal liability that otherwise might result by reason of the participation.

(8) A final action of the commissioner is subject to judicial review by the
court of appeals pursuant to section 24-4-106 (11), C.R.S. A judicial proceeding to
enforce an order of the commissioner may be instituted in accordance with section
24-4-106 (3), C.R.S.

(9) When a complaint or an investigation discloses an instance of misconduct
that, in the opinion of the commissioner, warrants formal action, no person shall
resolve the complaint by a deferred settlement, action, judgment, or prosecution.

(10) (a) If it appears to the commissioner, based upon credible evidence as
presented in a written complaint by any person, that a registrant is acting in a
manner that is an imminent threat to the health and safety of the public, or that a
person is acting or has acted without the required registration, the commissioner
may issue an order to cease and desist such activity. The order must set forth the
statutes and rules alleged to have been violated, the facts alleged to have
constituted the violation, and the requirement that all unlawful acts or unregistered
practices immediately cease.

(b) Within ten days after service of the order to cease and desist under
paragraph (a) of this subsection (10), the registrant may request a hearing on the
question of whether acts or practices in violation of this article have occurred. The
hearing must be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S.

(11) (a) If it appears to the commissioner, based upon credible evidence as
presented in a written complaint by any person, that a person has violated any other
portion of this article, then, in addition to any specific powers granted pursuant to
this article, the commissioner may issue to the person an order to show cause as to
why the commissioner should not issue a final order directing the person to cease
and desist from the unlawful act or unregistered practice.

(b) The commissioner shall notify a person against whom an order to show
cause has been issued of the issuance of the order, along with a copy of the order,
the factual and legal basis for the order, and the date set by the commissioner for a
hearing on the order. The notice may be served on the person against whom the
order has been issued by personal service or by certified, postage-prepaid, United
States mail. Personal service or mailing of an order or document constitutes notice
of the order to the person.

(c) (I) The commissioner shall hold the hearing on an order to show cause no
sooner than ten and no later than forty-five calendar days after the date of
transmission or service of the notification by the commissioner as provided in this
subsection (11). The hearing may be continued by agreement of all parties based
upon the complexity of the matter, number of parties to the matter, and legal issues
presented in the matter.

(II) If a person against whom an order to show cause has been issued does
not appear at the hearing, the commissioner may present evidence that notification
was properly sent or served on the person under this subsection (11) and such other
evidence related to the matter as the commissioner deems appropriate. The
commissioner shall issue the order within ten days after the commissioner's
determination related to reasonable attempts to notify the respondent, and the
order shall become final as to that person by operation of law. The commissioner
shall conduct the hearing in accordance with sections 24-4-104 and 24-4-105,
C.R.S.

(III) If the commissioner reasonably finds that the person against whom the
order to show cause was issued is acting or has acted without the required
licensure, or has or is about to engage in acts or practices constituting violations of
this article, a final cease-and-desist order may be issued, directing the person to
cease and desist from further unlawful acts or unregistered practices.

(IV) The commissioner shall provide notice, in the manner set forth in this
subsection (11), of the final cease-and-desist order within ten calendar days after
the hearing is conducted to each person against whom the final order has been
issued. The final order issued is effective when issued and is a final order for
purposes of judicial review.

(12) If it appears to the commissioner, based upon credible evidence
presented to the commissioner, that a person has engaged or is about to engage in
an unregistered act or practice; an act or practice constituting a violation of this
article, a rule promulgated under this article, or an order issued under this article; or
an act or practice constituting grounds for administrative sanction under this
article, the commissioner may enter into a stipulation with the person.

(13) If any person fails to comply with a final cease-and-desist order or a
stipulation, the commissioner may request the attorney general or the district
attorney for the judicial district in which the alleged violation exists to bring, and if
so requested, the attorney general shall bring suit for a temporary restraining order
and for injunctive relief to prevent any further or continued violation of the final
order.

(14) A person aggrieved by the final cease-and-desist order may seek judicial
review of the commissioner's determination or of the commissioner's final order as
provided in subsection (8) of this section.

Legislative History

Source: L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280, p. 1517, � 41, effective July 1.