Colo. Rev. Stat. § 6-1-107

Current through Chapter 123 of the 2024 Legislative Session
Section 6-1-107 - Powers of attorney general and district attorneys
(1) When the attorney general or a district attorney has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the attorney general or district attorney may:
(a) Request such person to file a statement or report in writing under oath or otherwise, on forms prescribed by him, as to all facts and circumstances concerning the sale or advertisement of property by such person and any other data and information he deems necessary;
(b) Examine under oath any person in connection with the sale or advertisement of any property;
(c) Examine any property or sample thereof, record, book, document, account, or paper he deems necessary;
(d) Make true copies, at the expense of the attorney general or district attorney, of any record, book, document, account, or paper examined pursuant to paragraph (c) of this subsection (1), which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to sections 6-1-109 and 6-1-110; and
(e) Pursuant to any order of any district court, impound any sample of property which is material to such deceptive trade practice and retain the same in his possession until completion of all proceedings undertaken under this article. An order shall not be issued pursuant to this paragraph (e) without full opportunity given to the accused to be heard and unless the attorney general or district attorney has proven by clear and convincing evidence that the business activities of the person to whom an order is directed will not be impaired thereby.
(2) Nothing in subsection (1) of this section shall be construed to allow a district attorney to enforce the provisions of this article beyond the territorial limits of his judicial district, unless the alleged deceptive trade practice or any portion of a transaction involving an alleged deceptive trade practice occurred in said district attorney's judicial district, or unless the principal place of business of any defendant is located in said district attorney's district, or unless any defendant resides in said district attorney's judicial district.

C.R.S. § 6-1-107

Amended by 2021 Ch. 483, § 4, eff. 7/1/2023.
Amended by 2017 Ch. 64, § 2, eff. 3/20/2017.
Amended by 2013 Ch. 270, § 1, eff. 7/1/2013.
L. 69: p. 373, § 4. C.R.S. 1963: § 55-5-4. L. 77: IP(1), (1)(d), and (1)(e) amended and (2) added, p. 348, § 3, effective July 1. L. 86: IP(1) amended, p. 445, § 3, effective April 17. L. 87: (2) amended, p. 358, § 6, effective July 1. L. 99: IP(1) amended, p. 653, § 5, effective May 18. L. 2013: IP(1) amended, (SB 13-248), ch. 1417, p. 1417, § 1, effective July 1. L. 2017: IP(1) amended, (HB 17 -1023), ch. 204, p. 204, § 2, effective March 20.

Section 7(2) of chapter 483 (SB 21-190), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 1, 2023.