Colorado § 23-64-131 Enforcement - injunction - fines - rules

Colorado Statutes

§ 23-64-131 — Enforcement - injunction - fines - rules

Colorado·Title 23 Postsecondary Education·Art. Private Occupational Schools

(1)Whenever it appears to the board that any entity is or has been violating any of the provisions of this article 64 or any of the lawful rules or orders of the board, the board, on its own motion or on the written complaint of any person, may apply for and obtain a temporary restraining order or injunction, or both, in the name of the board in any district court in this state against the entity for the purpose of restraining or enjoining the violation or for an order directing compliance with the provisions of this article 64 and all rules and orders issued pursuant to this article 64. The board may also issue a cease-and-desist order prior to seeking court-ordered injunctive relief. It is not necessary that the board allege or prove that it has no adequate remedy at law. The

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(1) Whenever it appears
to the board that any entity is or has been violating any of the provisions of this
article 64 or any of the lawful rules or orders of the board, the board, on its own
motion or on the written complaint of any person, may apply for and obtain a
temporary restraining order or injunction, or both, in the name of the board in any
district court in this state against the entity for the purpose of restraining or
enjoining the violation or for an order directing compliance with the provisions of
this article 64 and all rules and orders issued pursuant to this article 64. The board
may also issue a cease-and-desist order prior to seeking court-ordered injunctive
relief. It is not necessary that the board allege or prove that it has no adequate
remedy at law. The right of injunction or a cease-and-desist order provided for in
this section is in addition to any other legal remedy that the board has and is in
addition to any right of criminal prosecution provided by law. The existence of
board action with respect to alleged violations of this article 64 is not a bar to any
action for injunctive relief pursuant to this section.

(2) The board shall have the authority to promulgate rules and adopt
procedures to establish, impose, and collect fines from an entity that is in violation
of the provisions of this article 64 or the lawful rules or orders of the board. The
board may impose a fine, pursuant to said rules, in addition to or in lieu of seeking a
temporary restraining order or an injunction pursuant to subsection (1) of this
section. All fines collected pursuant to this subsection (2) shall be transferred to
the state treasurer, who shall credit the same to the state general fund.

(3) In determining whether to impose a fine, seek a temporary restraining
order or an injunction, or issue a cease-and-desist order, the board shall consider
whether the entity has engaged in a pattern of noncompliance.

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