Rule 242.16 - Determination by Regulation Committee(a) Action By Regulation Committee. On receiving a request from the Regulation Counsel under C.R.C.P. 242.15 or a recommendation from another investigator under C.R.C.P. 242.14(d), the Regulation Committee must determine whether there is reasonable cause to believe that grounds for discipline exist and, using its discretion and evaluating the considerations listed in subsection (b) below, will take one of the following actions:(1) Authorize the Regulation Counsel to file a complaint;(2) Impose private admonition;(3) Direct the Regulation Counsel to offer the respondent an opportunity to participate in a diversion program;(4) Place the matter in abeyance;(5) Direct further investigation; or(b) Considerations in Taking Action. In making a determination under subsection (a) above, considerations for the Regulation Committee include: (1) Whether it is reasonable to believe that misconduct warranting discipline can be proved by clear and convincing evidence;(2) The level of injury or potential injury caused by the alleged misconduct;(3) Whether the respondent previously has been disciplined; and(4) Whether the alleged misconduct may warrant public discipline.(c) Private Admonition by Regulation Committee.(1) Contents. When the Regulation Committee privately admonishes a respondent, it must admonish the respondent in writing, state the basis for the admonition, and promptly notify the respondent of the admonition.(2) Costs. On issuing a private admonition, the Regulation Committee must assess against the respondent the administrative fee and may assess against the respondent all or any part of the costs of the proceeding.(3) Challenges. To challenge a private admonition by the Regulation Committee, a respondent must, within 21 days after notice of the admonition, submit a written demand that the Regulation Committee vacate the admonition. When the admonition is vacated, the Regulation Counsel may file a complaint against the lawyer. If a complaint is filed, a public disciplinary proceeding will go forward as otherwise provided in this rule.(d) Notice to Respondent. After the Regulation Committee's decision to authorize the filing of a complaint, to direct the Regulation Counsel to offer the respondent an opportunity to participate in a diversion program, to place a matter in abeyance, to direct further investigation, or to dismiss a matter, the Regulation Counsel must promptly notify the respondent of the decision.(e) Respondent's Duty to Disclose to Law Firm. Within 14 days of receiving notice under subsection (d) above of the Regulation Committee's authorization to file a complaint, the respondent must disclose in writing that authorization to the respondent's current law firm as defined in C.R.C.P. 241 and, if different, to the respondent's law firm at the time of the alleged misconduct.(f) Notice to Complaining Witness. Within 28 days after the Regulation Committee's decision to authorize the filing of a complaint, to direct the Regulation Counsel to offer the respondent an opportunity to participate in a diversion program, or to dismiss a matter, the Regulation Counsel must notify the complaining witness of the decision. If the admonition has not been vacated at the end of the 21-day period provided in subsection (c)(3) above, the Regulation Counsel must notify the complaining witness that the respondent has been privately admonished. The contents of the private admonition may not be disclosed to the complaining witness.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.