§ 24-19.9-103 — Enforcement - complaint procedure - sanctions

Colorado § 24-19.9-103

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Restrictions on Travel-related

Text

(1) Any
person who believes that a violation of section 24-19.9-102 has occurred may file a
written complaint with the secretary of state within one hundred eighty days of the
date of the alleged violation. The secretary of state shall refer the complaint to an
administrative law judge within three days of the filing of the complaint. The
administrative law judge shall hold a hearing within fifteen days of the referral of
the complaint and shall render a decision within fifteen days of the hearing. The
defendant shall be granted an extension of up to thirty days upon the defendant's
motion or longer upon a showing of good cause. If the administrative law judge
determines that such violation has occurred, such decision shall include any
appropriate order, sanction, or relief, including:

(a) An order directing the covered person, or the spouse or a member of the
immediate family of a covered person, as applicable, on whose behalf travel-related
expenditures were made by the public entity in violation of section 24-19.9-102, to
reimburse the fund of the public entity from which such moneys were diverted for
some or all of the expenditures in accordance with the requirements of section 24-19.9-102;

(b) Injunctive relief; or

(c) A restraining order to enjoin the continuance of the violation.

(2) The decision of the administrative law judge shall be final and subject to
review by the court of appeals, pursuant to section 24-4-106 (11). The secretary of
state and the administrative law judge are not necessary parties to the review. The
decision may be enforced by the secretary of state or, if the secretary of state does
not file an enforcement action within thirty days of the decision, in a private cause
of action by the person filing the complaint. Any private action brought under this
section shall be brought within one year of the date of the violation in state district
court. The prevailing party in a private enforcement action shall be entitled to
reasonable attorney fees and costs.

Legislative History

Source: L. 2011: Entire article added, (HB 11-1211), ch. 214, p. 940, � 1, effective July 1.