§ 38-13-1104 — Judicial remedy

(1) Not later than ninety days after receiving
notice of the administrator's determination under section 38-13-1011 or that a civil
penalty has been imposed under section 38-13-1205, a putative holder or a holder
may:

(a) File an action against the administrator in the district court for the city
and county of Denver, challenging all or part of the administrator's determination of
liability or imposition of a civil penalty and seeking a declaration that the
determination or imposition is unenforceable, in whole or in part; or

(b) Pay the civil penalty or pay the amount or deliver the property the
administrator determined must be paid or delivered to the administrator and, not
later than six months after payment or delivery, file an action against the
administrator in the district court for the city and county of Denver for a refund of
all or part of the amount paid or return of all or part of the property delivered.

(2) If a holder pays a civil penalty or a putative holder pays or delivers
property determined by the administrator to be paid or delivered to the
administrator at any time after the holder or putative holder files an action under
subsection (1)(a) of this section, the court shall continue the action as if it had been
filed originally as an action for a refund or return of property under subsection (1)(b)
of this section.

(3) On the final determination of an action filed under subsection (1) of this
section, the court may, on application, award to the plaintiff their reasonable
attorney fees, costs, and expenses of litigation.

(4) A holder or putative holder that is the prevailing party in an action under
subsection (1) of this section for refund of money paid to the administrator is
entitled to interest on the amount refunded, at the same rate a holder is required to
pay to the administrator under section 38-13-1204 (1), from the date paid to the
administrator until the date of the refund.

Legislative History

Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 452, � 1, effective July 1, 2020.