Section 38-12-1105 - Dispute resolution program - complaint process(1) Any aggrieved party may file a complaint with the division on a form prescribed by the division alleging a violation of the act, this part 11, or a rule, regardless of whether the provision allegedly violated contains a specific reference to this section.(2) After receiving a complaint under this part 11, the division shall investigate the alleged violations at the division's discretion. The division may, if appropriate, facilitate negotiations between the complainant and the respondent. The division may, on its own initiative, investigate potential violations of the act, this part 11, or a rule when it receives evidence of a potential violation from a source other than a filed complaint and may make determinations and take enforcement actions pursuant to this section following such an investigation.(3)(a) Complainants and respondents shall cooperate with the division in the course of an investigation by responding to subpoenas issued by the division. The subpoenas may compel testimony, take evidence, or seek access to papers or other documents and provide site access to the mobile home parks relevant to the investigation. Complainants and respondents must respond to the division's subpoenas within fourteen days of the division sending the subpoenas by certified mail.(b) Failure to cooperate with the division in the course of an investigation is a violation of this part 11.(c) If a complainant or respondent fails to respond to a subpoena within the time required by subsection (3)(a) of this section, the division may impose a penalty of up to five thousand dollars per violation per day for each day the complainant or respondent fails to respond. The division may delay or dismiss the imposition of the penalty if the complainant or respondent makes a good-faith effort to comply within seven days.(4)(a) If, after an investigation, the division determines that the parties are unable to come to an agreement or that facilitating negotiations between the parties is not appropriate to resolve the alleged violation, the division shall make a written determination on whether a violation of the act, this part 11, or a rule has occurred.(b) If the division finds by a written determination that a violation of the act, this part 11, or a rule has occurred, the division shall deliver a written notice of violation by certified mail to both the complainant and the respondent. The notice of violation must specify the basis for the division's determination; the violation; the action required to cure the violation; the time within which that action must be taken; the penalties that will be imposed if that action is not taken within the specified time period; and the process for contesting the determination, required action, and penalties by means of an administrative hearing.(c) If the division finds by a written determination that a violation of the act, this part 11, or a rule has not occurred, the division shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation must include the basis for the division's determination and the process for contesting the determination included in the notice of nonviolation by means of an administrative hearing.(5) The respondent must comply with the requirements of a notice of violation from the division within seven days of the notice of violation becoming a final agency order under either subsection (7)(b) or (9)(b) of this section, except as required otherwise by the division, unless the respondent has submitted a timely request for an administrative hearing to contest the notice under subsection (7) of this section. If a respondent fails to comply with the requirements of a notice of violation within the required time period and the division has not received a timely request for an administrative hearing, the division may impose a penalty, up to a maximum of five thousand dollars per violation per day, for each day that a violation remains uncorrected. When determining the amount of the penalty to impose on a respondent, the division shall consider the severity and duration of the violation and the impact of the violation on other community residents. If the respondent shows, upon timely application to the division, that a good faith effort to comply with the requirements of the notice of violation has been made and that the respondent has not complied because of mitigating factors beyond the respondent's control, the division may delay or dismiss the imposition of a penalty.(6) The division may issue an order requiring the respondent to cease and desist from an unlawful practice. The division may also issue an order requiring the respondent to take actions that in the judgment of the division will carry out the purposes of this part 11. The actions may include, but are not limited to: (a) Refunds of rent increases, improper fees, and charges collected in violation of this part 11;(b) Filing documents that correct a statutory or rule violation; and(c) Taking action necessary to correct a statutory or rule violation.(6.5)(a) Whenever the division has reasonable cause to believe that a violation of the act, this part 11, or a rule has occurred or will soon occur and that immediate enforcement is necessary, the division may immediately issue a cease and desist order. A written determination and notice of violation is not required when the division issues a cease and desist order pursuant to this subsection (6.5). The order must set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions immediately cease.(b) Within fifteen business days after service of the order, the person receiving the order may request an administrative hearing pursuant to subsection (7)(a) of this section to determine whether or not the alleged violation has occurred.(c) If a person who is the subject of an order to cease and desist fails to comply with the order within forty-eight hours, the division may bring an action in civil court for a temporary restraining order and for injunctive relief to prevent further or continued violation of the act, this part 11, or a rule. A court shall not stay an order to cease and desist until after holding a hearing involving both parties on the matter.(7)(a) A complainant or respondent may request an administrative hearing before an administrative law judge to contest: (I) A notice of violation issued under subsection (4)(b) of this section or a notice of nonviolation issued under subsection (4)(c) of this section;(II) A penalty imposed under subsection (3) or (5) of this section; or(III) An order to cease and desist or an order to take actions under subsection (6) or (6.5) of this section.(b) If the complainant or respondent requests an administrative hearing pursuant to subsection (7)(a) of this section, the complainant or respondent must file the request within fifteen business days after service of a notice of violation, notice of nonviolation penalty, order, or action. If an administrative hearing is not requested within this time period, the notice of violation, notice of nonviolation, or cease and desist order constitutes a final agency order of the division and is not subject to review by any court or agency.(8) Hearings before the office of administrative courts must be conducted in accordance with article 4 of title 24, unless otherwise specified in this section.(9)(a) An appointed administrative law judge shall:(I) Hear and receive pertinent evidence and testimony;(II) Decide whether the evidence supports the division's finding by a preponderance of the evidence; and(III) Enter an appropriate order within thirty days after the completion of the hearing and immediately send copies of the order to the affected parties.(b) An order entered by an administrative law judge constitutes the final agency order of the division and is subject to judicial review pursuant to article 4 of title 24. An order entered by an administrative law judge may be appealed by the respondent and the division.(10) When the division imposes any penalty against a respondent landlord under this part 11, the respondent may not seek any recovery or reimbursement of the penalty from a complainant or from any other home owner or resident.(11) All money collected from the imposition of any penalties imposed under this section other than any portion of the penalties required to be paid to a complainant must be deposited in the fund.(12) This section does not provide an exclusive remedy and does not limit the right of landlords, home owners, or residents to take legal action against another party as provided in the act or otherwise. Exhaustion of the administrative remedy provided in this section is not required before a landlord, home owner, or resident may bring a legal action.(13) A landlord shall not take any retaliatory actions against a home owner or resident for filing a complaint and shall not harass or intimidate a home owner or resident in violation of section 38-12-212.5 (4.5). If the division determines that a landlord has retaliated against a home owner or resident or violated section 38-12-212.5 (4.5), the division may impose a fine of up to ten thousand dollars on the landlord.(14) Any penalty levied against a landlord under this part 11 shall be a lien against the landlord's mobile home park until the landlord pays the penalty.(15) The division shall take all reasonable steps to avoid disclosing the complainant's identity to the landlord during or after the investigation without the complainant's permission if a complaint alleges a violation that is of a general nature affecting multiple home owners or residents, including but not limited to a complaint alleging that a landlord's rules or rule enforcement practices violate the act, this part 11, or a rule and the division can adequately investigate the complaint without revealing the complainant's identity. A person shall not obtain access to the record through subpoena, discovery, or under any statutory authority. This subsection (15) does not prohibit the division from requiring or knowing the identity of a complainant.Amended by 2022 Ch. 255, § 24, eff. 10/1/2022.Amended by 2020 Ch. 196, § 3, eff. 6/30/2020.Amended by 2020 Ch. 195, § 15, eff. 6/30/2020.Added by 2019 Ch. 281, § 9, eff. 5/23/2019.L. 2019: Entire part added, (HB 19-1309), ch. 2633, p. 2633, § 9, effective May 23. L. 2020: (1) amended, (HB 20-1201), ch. 935, p. 935, § 3, effective June 30; (13) amended, (HB 20-1196), ch. 926, p. 926, § 15, effective June 30.Section 4 of chapter 196 (HB 20-1201), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after June 30, 2020.
2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 20-1201, see section 1 of chapter 196, Session Laws of Colorado 2020.