§ 40-7-104 — Actions to restrain violations

Colorado § 40-7-104

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Enforcement - Penalties

Text

(1) Whenever the commission is of
the opinion that any public utility is failing or omitting to do anything required of it
by law or by any order, decision, rule, direction, or requirement of the commission or
is doing anything or about to do anything or permitting anything or about to permit
anything to be done contrary to or in violation of law or of any order, decision, rule,
direction, or requirement of the commission, it shall direct the attorney general to
commence an action or proceeding in the district court in and for the county or city
and county in which the cause or some part thereof arose, or in which the
corporation or person complained of, if any, has its principal place of business, or in
which the person, if any, complained of, resides, in the name of the people of the
state of Colorado, for the purpose of having such violations or threatened violations
stopped and prevented, either by mandamus or injunction.

(2) The attorney general shall begin such action or proceeding by petition to
such district court, alleging the violation or threatened violation complained of, and
praying for appropriate relief by way of mandamus or injunction. It is the duty of the
court to specify a time, not exceeding twenty days after the service of the copy of
the petition, within which the public utility complained of must answer the petition,
and in the meantime said public utility may be restrained. In case of default in
answer or after answer, the court shall immediately inquire into the facts and
circumstances of the case.

(3) Such corporations or persons as the court may deem necessary or proper
to be joined as parties, in order to make its judgment or order effective, may be
joined as parties. The final judgment in any such action or proceeding shall either
dismiss the action or proceeding or direct that an order in the nature of mandamus
or injunction issue or be made permanent as prayed for in the petition or in such
modified or other form as will afford appropriate relief. An appeal may be taken to
the supreme court from such final judgment in the same manner and with the same
effect, subject to the provisions of articles 1 to 7 of this title as appeals are taken
from judgments of the district court in other actions for mandamus or injunction.

Legislative History

Source: L. 13: p. 504, � 60. C.L. � 2969. CSA: C. 137, � 60. CRS 53: � 115-7-4. C.R.S. 1963: � 115-7-4.