Colorado § 40-7-101 - Enforcement of laws.

§ 40-7-101. Enforcement of laws.

It is the duty of the commission to see that the constitution and statutes of this state affecting public utilities, and persons subject to article 10.1 or 10.5 of this title, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed and that violations thereof are promptly prosecuted and penalties due the state are recovered and collected, and to this end it may sue in the name of the people of the state of Colorado. Upon the request of the commission, the attorney general or the district attorney acting for the proper county or city and county shall aid in any investigation, hearing, or trial had under articles 1 to 7 of this title and institute and prosecute actions or proceedings for the enforcement of the constitution and statutes of this state affecting public utilities and persons subject to article 10.1 or 10.5 of this title and for the punishment of all violations thereof.

Source: L. 13: p. 503, § 57. C.L. § 2966. CSA: C. 137, § 57. CRS 53: § 115-7-1. C.R.S. 1963: § 115-7-1. L. 2011: Entire section amended, (HB 11-1198), ch. 127, p. 420, § 16, effective August 10.

ANNOTATION

Law reviews. For article, "Trying to Get the P.U.C. to Let You Run a Truck", see 7 Dicta 4 (Oct. 1930).

Commission is empowered to fashion remedy to correct a statutory violation of the requirement that a utility receive commission approval prior to the transfer of utility's assets. Mtn. States Tel. & Tel. v. P.U.C., 763 P.2d 1020 (Colo. 1988).

Order directing utility to reacquire assets transferred without required commission approval was appropriate and will be given great deference in light of the commission's special expertise in regulation of utilities. Mtn. States Tel. & Tel. v. P.U.C., 763 P.2d 1020 (Colo. 1988).

Broad powers under color of state law. Public utilities, even though privately financed and owned, operating pursuant to the regulation of the commission, are granted existence by virtue of state law, and thereafter carry on business under color of state law. Denver Welfare Rights Org. v. Pub. Utils. Comm'n, 190 Colo. 329, 547 P.2d 239 (1976).

The right of a utility customer to receive service is not an absolute right, but is a qualified right. The right is dependent upon payment for the service and product provided. The continuation of service during a dispute is dependent upon either the posting of what is, in effect, an indemnity bond or the assertion of a well-founded claim that would justify the customer's refusal to pay for the service which was rendered. Denver Welfare Rights Org. v. Pub. Utils. Comm'n, 190 Colo. 329, 547 P.2d 239 (1976).

Situation in which commission may not interfere with enforcement. This section does not give the commission the right to interfere with the enforcement of public utility regulations when such powers are specifically vested in some other officer or tribunal. City of Englewood v. City & County of Denver, 123 Colo. 290, 229 P.2d 667 (1951).