Rule 252.12 - Investigation of Claims(a) Investigation of Claims: When a Claimant submits a Request for Claim, Regulation Counsel will be promptly notified and review a Claimant's Request for Claim for eligibility under Rule 252.10 and on the merits. Regulation Counsel must investigate the Request for Claim and furnish a report of investigation on the eligibility and merits of the Claim.(b) Investigation Authority:(1) The Board or an individual Trustee or counsel designated to act on behalf of the Board, upon determining that any person has knowledge or is in possession or custody of books, papers, documents or other objects relevant to the disposition of a Claim, may issue a subpoena requiring such person to appear and testify or to produce such books, papers, documents or other objects before the Board or counsel designated to act on behalf of the Trustees, at the time and place specified therein. Subpoenas are subject to the provisions of C.R.C.P. 45.(2) If any person, without adequate excuse, fails to obey a subpoena, the Board or an individual Trustee or counsel designated to act on their behalf, may file with the Presiding Disciplinary Judge or the Supreme Court a verified statement setting forth the facts establishing such disobedience, and the Judge or Court may then, in its discretion, institute contempt proceedings. If such person is found guilty of contempt, the Judge or Court may compel payment of the costs of the contempt proceedings to be taxed by the Judge or Court.(3) Regulation Counsel will allow the Board access to its records during and after an investigation of a Claim.(4) The Board may request that testimony be presented to complete the record. Upon the Board's request, a Claimant or Respondent Attorney, or their representatives, may be given an opportunity to be heard before the Board.(5) The Board may further conduct its own investigation when it deems it appropriate and may seek and obtain the assistance of the Regulation Counsel, the Legal Regulation Committee, the Board of Law Examiners, the Committee of Continuing Legal and Judicial Education, and the Attorney Registration Office, irrespective of any confidentiality requirements of those offices, subject to rule 252.15.(6) When a Claimant submits a Request for Claim, Regulation Counsel will promptly notify Respondent Attorney of the Request for Claim and provide Respondent Attorney with an opportunity to respond within 21 days.(7) At the conclusion of an investigation of a Request for Claim, the Respondent Attorney or the Respondent's representative will be provided the report of investigation and will have 21 days from the date of the report in which to respond to the Request for Claim. A Respondent Attorney's failure to participate in the investigation or respond to a Request for Claim may result in a favorable decision for Claimant.Source: Added and adopted June 25, 1998, effective 1/1/1999; g and n amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b; amended and adopted by the Court, En Banc, June 15, 2023, effective 9/1/2023.