Colorado § 12-20-406 - Injunctive relief.

§ 12-20-406. Injunctive relief.

(1) Except as otherwise specified in a part or article of this title 12 or subsection (3) of this section:

(a) A regulator, in the name of the people of the state of Colorado and through the attorney general of the state of Colorado, may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by a part or article of this title 12.

(b) If the regulator establishes that the defendant has been or is committing an act prohibited by the part or article, the court shall enter a decree perpetually enjoining the defendant from further committing the act.

(c) An injunctive proceeding may be brought pursuant to this section in addition to, and not in lieu of, all penalties and other remedies provided in the part or article.

(2) (a) Except as specified in subsection (2)(b) of this section, when seeking an injunction under subsection (1) of this section, a regulator is not required to allege or prove the inadequacy of any remedy at law or that substantial or irreparable damage is likely to result from a continued violation.

(b) Subsection (2)(a) of this section does not apply to the following:

(I) Article 105 of this title 12 concerning barbers and cosmetologists;

(II) Part 4 of article 120 of this title 12 concerning architects;

(III) Repealed.

(IV) Article 150 of this title 12 concerning passenger tramways;

(V) Article 210 of this title 12 concerning audiologists;

(VI) Article 215 of this title 12 concerning chiropractors;

(VII) Article 230 of this title 12 concerning hearing aid providers;

(VIII) Article 240 of this title 12 concerning medical practice;

(IX) Article 255 of this title 12 concerning nurses, certified midwives, and nurse aides;

(X) Repealed.

(XI) Article 275 of this title 12 concerning optometrists;

(XII) Article 280 of this title 12 concerning pharmacists, pharmacy businesses, and pharmaceuticals;

(XIII) Article 285 of this title 12 concerning physical therapists and physical therapist assistants; and

(XIV) Article 290 of this title 12 concerning podiatrists.

(3) This section does not apply to the following:

(a) Article 100 of this title 12 concerning accountants;

(b) Article 110 of this title 12 concerning combative sports;

(c) Repealed.

(d) Article 130 of this title 12 concerning landscape architects;

(e) Article 140 of this title 12 concerning nontransplant tissue banks;

(f) Article 220 of this title 12 concerning dentists, dental therapists, and dental hygienists;

(g) Article 250 of this title 12 concerning naturopathic doctors;

(h) Article 295 of this title 12 concerning psychiatric technicians; and

(i) Article 315 of this title 12 concerning veterinarians.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 752, § 1, effective October 1. L. 2020: (2)(b)(IX) amended and (2)(b)(X) repealed, (HB 20-1183), ch. 157, p. 696, § 35, effective July 1; (3)(c) repealed, (HB 20-1286), ch. 269, p.1313, § 10, effective July 10. L. 2022: (3)(f) amended, (SB 22-219), ch. 381, p. 2723, § 28, effective January 1, 2023. L. 2023: (2)(b)(IX) amended, (SB 23-167), ch. 261, p. 1531, § 23, effective May 25. L. 2024: (2)(b)(III) repealed, (SB 24-173), ch. 240, p. 1588, § 5, effective May 24.

Editor's note: This section is similar to former § 12-36-129 (6) as it existed prior to 2019.

Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.