Colorado § 6-1-107 - Powers of attorney general and district attorneys.

§ 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 a person in this state or elsewhere has engaged in, is engaging in, or otherwise has information relevant to an unfair or deceptive trade practice described in this article 1, the attorney general or district attorney may:

(a) Request the person to file a statement or report in writing under oath or otherwise, on forms prescribed by the attorney general or district attorney, as to all facts and circumstances concerning the sale or advertisement of property by the person and any other data and information the attorney general or district attorney 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 the attorney general or district attorney 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 that is material to the unfair or deceptive trade practice and retain the same in the attorney general's or district attorney's possession until completion of all proceedings undertaken under this article 1. An order shall not be issued pursuant to this subsection (1)(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 by the order.

(2) Nothing in subsection (1) of this section shall be construed to allow a district attorney to enforce this article 1 beyond the territorial limits of the district attorney's judicial district unless:

(a) The alleged unfair or deceptive trade practice or any portion of a transaction involving an alleged unfair or deceptive trade practice occurred in the district attorney's judicial district;

(b) The principal place of business of a defendant is located in the district attorney's district; or

(c) A defendant resides in the district attorney's judicial district.

Source: 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. 270, p. 1417, § 1, effective July 1. L. 2017: IP(1) amended, (HB 17-1023), ch. 64, p. 204, § 2, effective March 20. L. 2021: IP(1) amended, (SB 21-190), ch. 483, p. 3465, § 4, effective July 1, 2023. L. 2026: IP(1), (1)(a), (1)(c), (1)(e), and (2) amended, (HB 26-1426), ch. 334, p. 1990, § 10, effective August 12.