(1)When the
attorney general has reasonable cause to believe that any person, whether in this
state or elsewhere, has engaged in or is engaging in any violation of section 24-31-1203, the attorney general may:
(a)Request the person file a statement or report in writing under oath or
otherwise, on forms prescribed by the attorney general, as to all facts and
circumstances concerning the alleged violations by the person and any other data
and information the attorney general deems necessary; except that the person is
not required to disclose any information that is protected by the person's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the
person who holds the privilege; an exception to the privilege applies; or disclosure
of the informa
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(1) When the
attorney general has reasonable cause to believe that any person, whether in this
state or elsewhere, has engaged in or is engaging in any violation of section 24-31-1203, the attorney general may:
(a) Request the person file a statement or report in writing under oath or
otherwise, on forms prescribed by the attorney general, as to all facts and
circumstances concerning the alleged violations by the person and any other data
and information the attorney general deems necessary; except that the person is
not required to disclose any information that is protected by the person's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the
person who holds the privilege; an exception to the privilege applies; or disclosure
of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the
applicable Colorado rules of professional conduct, or otherwise.
(b) Examine under oath any person in connection with the alleged violations;
(c) Examine any property or sample thereof, or any nonprivileged record,
book, document, account, or paper the attorney general deems necessary;
(d) Make true copies, at the expense of the attorney general, of any
nonprivileged record, book, document, account, or paper examined pursuant to
subsection (1)(c) of this section, which copies may be offered into evidence in lieu of
the originals thereof in an action brought pursuant to this part 12; and
(e) Pursuant to any order of any district court, impound any sample of
property that is material to any alleged violation of this part 12 and retain the same
in the attorney general's possession until completion of all proceedings undertaken
pursuant to this part 12. A district court shall not issue an order described in this
subsection (1)(e) without giving full opportunity to the accused to be heard and
unless the attorney general has proven by clear and convincing evidence that the
order will not impair the business activities of the person to whom the order is
directed.
(2) When the attorney general has reasonable cause to believe that a person,
whether in this state or elsewhere, has engaged in or is engaging in a violation of
section 24-31-1203, the attorney general may issue subpoenas to require the
attendance of witnesses or the production of documents, administer oaths, conduct
hearings in aid of any investigation or inquiry, and prescribe such forms as may be
necessary to administer this part 12.
(3) The attorney general may issue subpoenas to any public or private
corporation or partnership or association or governmental entity to produce
witnesses to appear and give oral testimony at investigative hearings. The
subpoenas may designate with reasonable particularity the matters on which
examination is requested. In response to the subpoena, the entity shall designate
one or more officers, directors, or managing agents, or designate other persons, to
testify on its behalf.
(4) A notice or subpoena may be served in the manner prescribed by law or
as provided in rule 4 of the Colorado rules of civil procedure.
(5) (a) If the records of a person who has been issued a subpoena are located
outside this state, the person shall either:
(I) Make them available to the attorney general either electronically or at a
convenient location within this state; or
(II) Pay the reasonable and necessary expenses for the attorney general, or
the attorney general's designee, to examine the records at the place where they are
maintained.
(b) The attorney general may designate representatives, including
comparable officials of the state in which the records are located, to inspect the
records on behalf of the attorney general.
(6) 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
effectuate the purposes of this part 12. At the request of the attorney general, the
application may be filed in camera and kept confidential to maintain the
confidentiality of the attorney general's investigation. The application must state
that there are reasonable grounds to believe that the order applied for is necessary
to investigate a violation of this part 12. If the court is satisfied that reasonable
grounds exist, the court in its order may:
(a) Grant appropriate injunctive relief;
(b) Require attendance of or the production of documents by the person, or
both;
(c) Grant other or further relief as may be necessary to obtain compliance by
the person.